She is a legit 9 Kim Kardashian lookalike - fucking huge fake tits, blonde hair, blue eyes, huge ass, and lip filler.

I made her a mojito and she said she didn't want to fuck after we made out - claimed to be on her period.

Then I backed off and tried again later and this time she gave me a bj - probably one of the best blowjobs I have ever gotten. Ridiculous Jenna Haze-esque technique that almost made me prematurely ejaculate.

Told her to stop bc it was too much and she went to the bathroom to wash her pussy bc of period blood and then we fucked.

Most fucking hilarious part is after she came out of my bathroom I just turned her around and fucked her over my couch doggystyle and in only that position.

LMAO.

Apparently I made her cum bc she was telling me how amazing it was, touching me all over constantly after we fucked, and then when I was driving her back to her hotel she told me all the kinky stuff she wanted to do with me before going back - she's vacationing here w/ fam for another 2 weeks.

I told her straight up that I'll marry her so she gets a visa at some point Lol.

She texted me back after I drove her back to her hotel so I know she's actually pretty into me.

Not sure how the fuck I smashed this girl but I am in some kind of dream-like state right now. Life is fucking insane, brothers.

Taking any and all Qs ITT!

(http://www.autoadmit.com/thread.php?thread_id=5358525&forum_id=2.#46446368)

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (병역법).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (사회복무요원)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (병역법).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (사회복무요원)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (병역법).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (사회복무요원)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (병역법).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (사회복무요원)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (병역법).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (사회복무요원)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (병역법).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (사회복무요원)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

(http://www.autoadmit.com/thread.php?thread_id=5358525&forum_id=2.#46619528)

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (병역법).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (사회복무요원)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (병역법).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (사회복무요원)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (병역법).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (사회복무요원)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (병역법).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (사회복무요원)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (병역법).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (사회복무요원)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (병역법).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (사회복무요원)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

(http://www.autoadmit.com/thread.php?thread_id=5358525&forum_id=2.#46619529)

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (병역법).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (사회복무요원)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (병역법).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (사회복무요원)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (병역법).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (사회복무요원)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (병역법).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (사회복무요원)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (병역법).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (사회복무요원)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (병역법).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (사회복무요원)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

(http://www.autoadmit.com/thread.php?thread_id=5358525&forum_id=2.#46619532)

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (병역법).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (사회복무요원)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (병역법).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (사회복무요원)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (병역법).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (사회복무요원)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (병역법).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (사회복무요원)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (병역법).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (사회복무요원)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (병역법).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (사회복무요원)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

(http://www.autoadmit.com/thread.php?thread_id=5358525&forum_id=2.#46619533)

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (병역법).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (사회복무요원)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (병역법).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (사회복무요원)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (병역법).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (사회복무요원)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (병역법).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (사회복무요원)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (병역법).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (사회복무요원)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (병역법).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (사회복무요원)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

(http://www.autoadmit.com/thread.php?thread_id=5358525&forum_id=2.#46619534)

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (병역법).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (사회복무요원)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (병역법).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (사회복무요원)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (병역법).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (사회복무요원)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (병역법).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (사회복무요원)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (병역법).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (사회복무요원)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (병역법).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (사회복무요원)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

(http://www.autoadmit.com/thread.php?thread_id=5358525&forum_id=2.#46619535)

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (병역법).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (사회복무요원)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (병역법).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (사회복무요원)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (병역법).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (사회복무요원)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (병역법).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (사회복무요원)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (병역법).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (사회복무요원)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (병역법).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (사회복무요원)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

(http://www.autoadmit.com/thread.php?thread_id=5358525&forum_id=2.#46619536)

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (병역법).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (사회복무요원)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (병역법).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (사회복무요원)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (병역법).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (사회복무요원)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (병역법).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (사회복무요원)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (병역법).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (사회복무요원)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (병역법).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (사회복무요원)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

(http://www.autoadmit.com/thread.php?thread_id=5358525&forum_id=2.#46619537)

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (병역법).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (사회복무요원)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (병역법).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (사회복무요원)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (병역법).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (사회복무요원)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (병역법).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (사회복무요원)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (병역법).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (사회복무요원)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (병역법).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (사회복무요원)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

(http://www.autoadmit.com/thread.php?thread_id=5358525&forum_id=2.#46619538)

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (병역법).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (사회복무요원)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (병역법).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (사회복무요원)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (병역법).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (사회복무요원)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (병역법).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (사회복무요원)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (병역법).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (사회복무요원)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (병역법).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (사회복무요원)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

(http://www.autoadmit.com/thread.php?thread_id=5358525&forum_id=2.#46619539)

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (병역법).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (사회복무요원)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (병역법).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (사회복무요원)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (병역법).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (사회복무요원)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (병역법).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (사회복무요원)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (병역법).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (사회복무요원)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (병역법).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (사회복무요원)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

(http://www.autoadmit.com/thread.php?thread_id=5358525&forum_id=2.#46619540)

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (병역법).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (사회복무요원)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (병역법).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (사회복무요원)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (병역법).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (사회복무요원)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (병역법).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (사회복무요원)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (병역법).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (사회복무요원)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (병역법).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (사회복무요원)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

(http://www.autoadmit.com/thread.php?thread_id=5358525&forum_id=2.#46619541)

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (병역법).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (사회복무요원)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (병역법).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (사회복무요원)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (병역법).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (사회복무요원)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (병역법).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (사회복무요원)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (병역법).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (사회복무요원)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (병역법).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (사회복무요원)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

(http://www.autoadmit.com/thread.php?thread_id=5358525&forum_id=2.#46619542)

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (병역법).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (사회복무요원)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (병역법).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (사회복무요원)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (병역법).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (사회복무요원)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (병역법).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (사회복무요원)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (병역법).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (사회복무요원)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (병역법).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (사회복무요원)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

(http://www.autoadmit.com/thread.php?thread_id=5358525&forum_id=2.#46619543)

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (병역법).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (사회복무요원)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (병역법).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (사회복무요원)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (병역법).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (사회복무요원)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (병역법).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (사회복무요원)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (병역법).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (사회복무요원)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (병역법).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (사회복무요원)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

(http://www.autoadmit.com/thread.php?thread_id=5358525&forum_id=2.#46619548)

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (병역법).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (사회복무요원)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (병역법).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (사회복무요원)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (병역법).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (사회복무요원)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (병역법).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (사회복무요원)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (병역법).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (사회복무요원)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (병역법).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (사회복무요원)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.