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Fucked a 24 year old Mexican 9 Kim K w/ HUGE E CUP TITS. Taking ?s ITT

Met online - thought she was Columbian but when I took her t...
passionate ultramarine parlor faggotry
  06/19/23
Conscription in South Korea Article Talk Language Watch ...
Boyish National
  08/02/23
Conscription in South Korea Article Talk Language Watch ...
Boyish National
  08/02/23
Conscription in South Korea Article Talk Language Watch ...
Boyish National
  08/02/23
Conscription in South Korea Article Talk Language Watch ...
Boyish National
  08/02/23
Conscription in South Korea Article Talk Language Watch ...
Boyish National
  08/02/23
Conscription in South Korea Article Talk Language Watch ...
Boyish National
  08/02/23
Conscription in South Korea Article Talk Language Watch ...
Boyish National
  08/02/23
Conscription in South Korea Article Talk Language Watch ...
Boyish National
  08/02/23
Conscription in South Korea Article Talk Language Watch ...
Boyish National
  08/02/23
Conscription in South Korea Article Talk Language Watch ...
Boyish National
  08/02/23
Conscription in South Korea Article Talk Language Watch ...
Boyish National
  08/02/23
Conscription in South Korea Article Talk Language Watch ...
Boyish National
  08/02/23
Conscription in South Korea Article Talk Language Watch ...
Boyish National
  08/02/23
Conscription in South Korea Article Talk Language Watch ...
Boyish National
  08/02/23
Conscription in South Korea Article Talk Language Watch ...
Boyish National
  08/02/23
Conscription in South Korea Article Talk Language Watch ...
Boyish National
  08/02/23
Conscription in South Korea Article Talk Language Watch ...
Boyish National
  08/02/23
Conscription in South Korea Article Talk Language Watch ...
Boyish National
  08/02/23
Conscription in South Korea Article Talk Language Watch ...
Boyish National
  08/02/23
Conscription in South Korea Article Talk Language Watch ...
Boyish National
  08/02/23
Conscription in South Korea Article Talk Language Watch ...
Boyish National
  08/02/23
I dont even pity you anymore I'll laugh when the jews ens...
sinister affirmative action ticket booth
  06/19/23
After we fucked and were cuddling she straight up said I wan...
passionate ultramarine parlor faggotry
  06/19/23
Conscription in South Korea Article Talk Language Watch ...
Boyish National
  08/02/23
Conscription in South Korea Article Talk Language Watch ...
Boyish National
  08/02/23
pics?
heady international law enforcement agency theatre
  06/19/23
https://ibb.co/tcZdhd3
passionate ultramarine parlor faggotry
  06/19/23
Looks gross
wonderful home legal warrant
  06/19/23
i didnt think shed go for the bj but when I whipped my dick ...
passionate ultramarine parlor faggotry
  06/19/23
Conscription in South Korea Article Talk Language Watch ...
Boyish National
  08/02/23
Conscription in South Korea Article Talk Language Watch ...
Boyish National
  08/02/23
Lol she looks 50 with tons of plastic surgery
Violent striped hyena trust fund
  06/19/23
she literally looks like Kim Kardashian. had a raging hard b...
passionate ultramarine parlor faggotry
  06/19/23
She has tons of plastic surgery obviously
Violent striped hyena trust fund
  06/19/23
as all girls who need to looksmax should.
passionate ultramarine parlor faggotry
  06/19/23
She’s old as fuck and the plastic face looks nasty.
Violent striped hyena trust fund
  06/19/23
lol u jelly as fuuuuck
passionate ultramarine parlor faggotry
  06/19/23
Conscription in South Korea Article Talk Language Watch ...
Boyish National
  08/02/23
Conscription in South Korea Article Talk Language Watch ...
Boyish National
  08/02/23
Conscription in South Korea Article Talk Language Watch ...
Boyish National
  08/02/23
Conscription in South Korea Article Talk Language Watch ...
Boyish National
  08/02/23
Conscription in South Korea Article Talk Language Watch ...
Boyish National
  08/02/23
Conscription in South Korea Article Talk Language Watch ...
Boyish National
  08/02/23
Conscription in South Korea Article Talk Language Watch ...
Boyish National
  08/02/23
Conscription in South Korea Article Talk Language Watch ...
Boyish National
  08/02/23
Conscription in South Korea Article Talk Language Watch ...
Boyish National
  08/02/23
lol 180
heady international law enforcement agency theatre
  06/19/23
as described
Mind-boggling old irish cottage
  06/19/23
Conscription in South Korea Article Talk Language Watch ...
Boyish National
  08/02/23
Conscription in South Korea Article Talk Language Watch ...
Boyish National
  08/02/23
dude why do you always take the pics down? so fucking gay, a...
Crystalline university cuck
  06/19/23
...
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  06/19/23
...
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  06/19/23
...
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  06/19/23
because people find their escort agency profiles really quic...
Aqua Bateful Regret Pit
  06/20/23
Conscription in South Korea Article Talk Language Wat...
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  09/04/24
what a shock... 12 hrs later and the pic has been removed.
French fishy turdskin area
  06/20/23
lol at him posting a pic and taking it down after people bur...
pink halford
  06/20/23
Conscription in South Korea Article Talk Language Watch ...
Boyish National
  08/02/23
Conscription in South Korea Article Talk Language Watch ...
Boyish National
  08/02/23
The last “9” you posted a picture of looked like...
Olive range
  06/19/23
Xoxo also thinks Veronika Rajek isn't a 9.5 Lol http://ww...
passionate ultramarine parlor faggotry
  06/19/23
Conscription in South Korea Article Talk Language Watch ...
Boyish National
  08/02/23
Conscription in South Korea Article Talk Language Watch ...
Boyish National
  08/02/23
...
sadistic meetinghouse
  06/19/23
The "9" he posted before looked like Lydia Shum. ...
Olive range
  06/19/23
...
sadistic meetinghouse
  06/19/23
wow
histrionic violet doctorate faggot firefighter
  06/19/23
lmaoooooo
passionate ultramarine parlor faggotry
  06/19/23
...
sadistic meetinghouse
  06/19/23
Conscription in South Korea Article Talk Language Watch ...
Boyish National
  08/02/23
WGWAG
Multi-colored Embarrassed To The Bone Electric Furnace
  06/19/23
Yup Judas. I dont even know what Im doing in life anymore. M...
passionate ultramarine parlor faggotry
  06/19/23
Love your hilarious shtick brother. Don’t ever drop th...
Iridescent Rigor
  06/19/23
you guys can believe whatever you want lol
passionate ultramarine parlor faggotry
  06/19/23
You are so full of shit, you loser.
Motley boistinker bawdyhouse
  06/19/23
cumskins TRIGGERED ITT
passionate ultramarine parlor faggotry
  06/19/23
Call her Rachel the next time you fuck.
vengeful theater pistol
  06/19/23
1800000
passionate ultramarine parlor faggotry
  06/19/23
You enjoy period sex? Even if there's not a lot of blood I h...
Adulterous Plum Digit Ratio Center
  06/19/23
i had period sex with the 21 yr old 9 i was seeing a couple ...
passionate ultramarine parlor faggotry
  06/19/23
This is the guy who constantly boasts he's in the top 10% in...
Aromatic Roommate
  06/19/23
cumskins IRATE
passionate ultramarine parlor faggotry
  06/19/23
dude, when pressed on your income, you gave some girly respo...
Aromatic Roommate
  06/19/23
...
charcoal set
  06/19/23
and yet i fuck 24 yr old mexican kim ks
passionate ultramarine parlor faggotry
  06/19/23
The fact that you admitted to the low income makes your puss...
Adulterous Plum Digit Ratio Center
  06/19/23
poast the pics, fag
Crystalline university cuck
  06/19/23
me too. https://ibb.co/ckBpjam
Aromatic Roommate
  06/20/23
She just texted me saying she wants to meet again tonight. ...
passionate ultramarine parlor faggotry
  06/20/23
when nyuug poasts a pic can someone plz save it and upload i...
adventurous stag film crotch
  06/20/23
actually lmaoing@ tommy jerking off to mexican hotties ive a...
passionate ultramarine parlor faggotry
  06/20/23
Wld love to but sorta hard when click and it says 404 file n...
adventurous stag film crotch
  06/20/23
last night she told me her period ends today. gonna try to b...
passionate ultramarine parlor faggotry
  06/20/23
no, thats beyond disgusting
adventurous stag film crotch
  06/20/23
If I'm ever quick enough I vow to. However, assuming he pos...
French fishy turdskin area
  06/20/23
this stuff is just so weird, when does it end
mischievous shrine philosopher-king
  06/20/23
do you think i lie about my conquests on xoxo?
passionate ultramarine parlor faggotry
  06/20/23
you lie about your income. top 10% income in South Korea sta...
Aromatic Roommate
  06/20/23
lmao@ how IRATE you are ITT
passionate ultramarine parlor faggotry
  06/20/23
If someone just graduated from NYU ug last month and was goi...
Aromatic Roommate
  06/20/23
Oh wow a screenshot of an online profile that you wrote wgwa...
Godawful milk toilet seat
  06/20/23
Uh, yes? I'll be generous and give you the benefit of the...
light hissy fit
  06/20/23
i feel like nyuug is an alterego of cslg
appetizing honey-headed potus
  06/20/23
They both seem like terrible shallow people.
light hissy fit
  06/20/23
nyuug is worse, he's like one of those AIM chatbots back in ...
Fantasy-prone Peach Jew
  06/20/23
he was much more human when he was a loser virgin nowag at n...
cerebral chartreuse plaza mother
  06/20/23
how many centimeters and kilograms was she
pink halford
  06/20/23
short side - like 162 cm ish weight? no idea. body like K...
passionate ultramarine parlor faggotry
  06/22/23
Conscription in South Korea Article Talk Language Watch ...
Boyish National
  08/02/23
Conscription in South Korea Article Talk Language Watch ...
Boyish National
  08/02/23
Conscription in South Korea Article Talk Language Watch ...
Boyish National
  08/02/23
OK so I'm taking her to the beach this weekend. She wants to...
passionate ultramarine parlor faggotry
  06/22/23
Pics
Canary Circlehead
  06/22/23
https://ibb.co/2SvS7gJ
passionate ultramarine parlor faggotry
  06/22/23
Conscription in South Korea Article Talk Language Watch ...
Boyish National
  08/02/23
Conscription in South Korea Article Talk Language Watch ...
Boyish National
  08/02/23
Conscription in South Korea Article Talk Language Watch ...
Boyish National
  08/02/23
I’ve never met anyone more ashamed of a 9. (I’m ...
Aromatic Roommate
  06/23/23
Conscription in South Korea Article Talk Language Watch ...
Boyish National
  08/02/23
someone with Kim K features plus double E cups sounds like a...
Concupiscible buff principal's office fanboi
  06/23/23
Conscription in South Korea Article Talk Language Watch ...
Boyish National
  08/02/23
...
passionate ultramarine parlor faggotry
  08/02/23
Conscription in South Korea Article Talk Language Watch ...
Boyish National
  08/02/23
Conscription in South Korea Article Talk Language Watch ...
Boyish National
  08/02/23
Conscription in South Korea Article Talk Language Watch ...
Boyish National
  08/02/23
Conscription in South Korea Article Talk Language Watch ...
Boyish National
  08/02/23
Conscription in South Korea Article Talk Language Watch ...
Boyish National
  08/02/23
Conscription in South Korea Article Talk Language Watch ...
Boyish National
  08/02/23
Conscription in South Korea Article Talk Language Watch ...
Boyish National
  08/02/23
Conscription in South Korea Article Talk Language Watch ...
Boyish National
  08/02/23
Conscription in South Korea Article Talk Language Watch ...
Boyish National
  08/02/23
Conscription in South Korea Article Talk Language Watch ...
Boyish National
  08/02/23
Conscription in South Korea Article Talk Language Watch ...
Boyish National
  08/02/23
Conscription in South Korea Article Talk Language Watch ...
Boyish National
  08/02/23
just confirmed shes back in korea and she wants my cock agai...
passionate ultramarine parlor faggotry
  08/27/24
Conscription in South Korea Article Talk Language Wat...
exhilarant site masturbator
  09/04/24
Conscription in South Korea Article Talk Language Wat...
exhilarant site masturbator
  09/04/24
Conscription in South Korea Article Talk Language Wat...
exhilarant site masturbator
  09/04/24
Conscription in South Korea Article Talk Language Wat...
exhilarant site masturbator
  09/04/24
Conscription in South Korea Article Talk Language Wat...
exhilarant site masturbator
  09/04/24
Conscription in South Korea Article Talk Language Wat...
exhilarant site masturbator
  09/04/24
Conscription in South Korea Article Talk Language Wat...
exhilarant site masturbator
  09/04/24
she posted an update and her tits look 180000 unnggghhhhhhhh
passionate ultramarine parlor faggotry
  09/04/24
Conscription in South Korea Article Talk Language Wat...
exhilarant site masturbator
  09/04/24
Conscription in South Korea Article Talk Language Wat...
exhilarant site masturbator
  09/04/24
Conscription in South Korea Article Talk Language Wat...
exhilarant site masturbator
  09/04/24
Conscription in South Korea Article Talk Language Wat...
exhilarant site masturbator
  09/04/24
Conscription in South Korea Article Talk Language Wat...
exhilarant site masturbator
  09/04/24
Conscription in South Korea Article Talk Language Wat...
exhilarant site masturbator
  09/04/24
sending me new tit pics soon, 18000000
passionate ultramarine parlor faggotry
  09/04/24
Conscription in South Korea Article Talk Language Wat...
exhilarant site masturbator
  09/04/24
Conscription in South Korea Article Talk Language Wat...
exhilarant site masturbator
  09/04/24
Conscription in South Korea Article Talk Language Wat...
exhilarant site masturbator
  09/04/24
Conscription in South Korea Article Talk Language Wat...
exhilarant site masturbator
  09/04/24
Conscription in South Korea Article Talk Language Wat...
exhilarant site masturbator
  09/04/24
Conscription in South Korea Article Talk Language Wat...
exhilarant site masturbator
  09/04/24
Conscription in South Korea Article Talk Language Wat...
exhilarant site masturbator
  09/04/24
...
nyuug
  01/12/26
...
nyuug
  01/12/26
...
nyuug
  01/12/26


Poast new message in this thread



Reply Favorite

Date: June 19th, 2023 6:58 PM
Author: passionate ultramarine parlor faggotry

Met online - thought she was Columbian but when I took her to my apt last night she said she was from near Mexico City.

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)



Reply Favorite

Date: August 2nd, 2023 2:24 AM
Author: Boyish National

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

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)



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Date: August 2nd, 2023 2:24 AM
Author: Boyish National

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

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)



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Date: August 2nd, 2023 2:24 AM
Author: Boyish National

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

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)



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Date: August 2nd, 2023 2:24 AM
Author: Boyish National

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

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



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Date: August 2nd, 2023 2:24 AM
Author: Boyish National

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

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



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Date: August 2nd, 2023 2:24 AM
Author: Boyish National

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

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



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Date: August 2nd, 2023 2:25 AM
Author: Boyish National

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

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



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Date: August 2nd, 2023 2:25 AM
Author: Boyish National

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

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)



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Date: August 2nd, 2023 2:25 AM
Author: Boyish National

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

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)



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Date: August 2nd, 2023 2:25 AM
Author: Boyish National

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

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)



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Date: August 2nd, 2023 2:25 AM
Author: Boyish National

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

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



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Date: August 2nd, 2023 2:25 AM
Author: Boyish National

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

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)



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Date: August 2nd, 2023 2:25 AM
Author: Boyish National

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

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)



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Date: August 2nd, 2023 2:26 AM
Author: Boyish National

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

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)



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Date: August 2nd, 2023 2:26 AM
Author: Boyish National

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

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



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Date: August 2nd, 2023 2:26 AM
Author: Boyish National

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

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



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Date: August 2nd, 2023 2:26 AM
Author: Boyish National

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

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



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Date: August 2nd, 2023 2:32 AM
Author: Boyish National

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

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



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Date: August 2nd, 2023 2:32 AM
Author: Boyish National

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

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#46619585)



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Date: August 2nd, 2023 2:32 AM
Author: Boyish National

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

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#46619587)



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Date: August 2nd, 2023 2:33 AM
Author: Boyish National

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

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#46619588)



Reply Favorite

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Author: sinister affirmative action ticket booth

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(http://www.autoadmit.com/thread.php?thread_id=5358525&forum_id=2#46446374)



Reply Favorite

Date: June 19th, 2023 7:00 PM
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(http://www.autoadmit.com/thread.php?thread_id=5358525&forum_id=2#46446382)



Reply Favorite

Date: August 2nd, 2023 2:27 AM
Author: Boyish National

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

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#46619553)



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Date: August 2nd, 2023 2:26 AM
Author: Boyish National

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

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#46619552)



Reply Favorite

Date: June 19th, 2023 7:01 PM
Author: heady international law enforcement agency theatre

pics?



(http://www.autoadmit.com/thread.php?thread_id=5358525&forum_id=2#46446387)



Reply Favorite

Date: June 19th, 2023 7:04 PM
Author: passionate ultramarine parlor faggotry

https://ibb.co/tcZdhd3

(http://www.autoadmit.com/thread.php?thread_id=5358525&forum_id=2#46446417)



Reply Favorite

Date: June 19th, 2023 7:06 PM
Author: wonderful home legal warrant

Looks gross

(http://www.autoadmit.com/thread.php?thread_id=5358525&forum_id=2#46446445)



Reply Favorite

Date: June 19th, 2023 7:07 PM
Author: passionate ultramarine parlor faggotry

i didnt think shed go for the bj but when I whipped my dick out she started sucking on that shit like fucking Jenna Haze herself and I couldnt believe it lol

(http://www.autoadmit.com/thread.php?thread_id=5358525&forum_id=2#46446451)



Reply Favorite

Date: August 2nd, 2023 2:27 AM
Author: Boyish National

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

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#46619557)



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Date: August 2nd, 2023 2:27 AM
Author: Boyish National

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

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#46619556)



Reply Favorite

Date: June 19th, 2023 7:08 PM
Author: Violent striped hyena trust fund

Lol she looks 50 with tons of plastic surgery

(http://www.autoadmit.com/thread.php?thread_id=5358525&forum_id=2#46446462)



Reply Favorite

Date: June 19th, 2023 7:11 PM
Author: passionate ultramarine parlor faggotry

she literally looks like Kim Kardashian. had a raging hard boner the entire time. for some reason she thinks im really handsome and was calling me guapo all the time lol, even via text before we met in person

(http://www.autoadmit.com/thread.php?thread_id=5358525&forum_id=2#46446477)



Reply Favorite

Date: June 19th, 2023 7:18 PM
Author: Violent striped hyena trust fund

She has tons of plastic surgery obviously

(http://www.autoadmit.com/thread.php?thread_id=5358525&forum_id=2#46446510)



Reply Favorite

Date: June 19th, 2023 7:43 PM
Author: passionate ultramarine parlor faggotry

as all girls who need to looksmax should.

(http://www.autoadmit.com/thread.php?thread_id=5358525&forum_id=2#46446660)



Reply Favorite

Date: June 19th, 2023 9:22 PM
Author: Violent striped hyena trust fund

She’s old as fuck and the plastic face looks nasty.

(http://www.autoadmit.com/thread.php?thread_id=5358525&forum_id=2#46447064)



Reply Favorite

Date: June 19th, 2023 10:06 PM
Author: passionate ultramarine parlor faggotry

lol u jelly as fuuuuck

(http://www.autoadmit.com/thread.php?thread_id=5358525&forum_id=2#46447200)



Reply Favorite

Date: August 2nd, 2023 2:28 AM
Author: Boyish National

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

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



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Date: August 2nd, 2023 2:29 AM
Author: Boyish National

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

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#46619564)



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Date: August 2nd, 2023 2:29 AM
Author: Boyish National

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

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#46619565)



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Date: August 2nd, 2023 2:29 AM
Author: Boyish National

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

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#46619566)



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Date: August 2nd, 2023 2:28 AM
Author: Boyish National

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

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#46619562)



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Date: August 2nd, 2023 2:28 AM
Author: Boyish National

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

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



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Date: August 2nd, 2023 2:28 AM
Author: Boyish National

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

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#46619560)



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Date: August 2nd, 2023 2:28 AM
Author: Boyish National

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

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#46619559)



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Date: August 2nd, 2023 2:27 AM
Author: Boyish National

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

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#46619558)



Reply Favorite

Date: June 19th, 2023 7:10 PM
Author: heady international law enforcement agency theatre

lol 180

(http://www.autoadmit.com/thread.php?thread_id=5358525&forum_id=2#46446475)



Reply Favorite

Date: June 19th, 2023 7:22 PM
Author: Mind-boggling old irish cottage

as described

(http://www.autoadmit.com/thread.php?thread_id=5358525&forum_id=2#46446536)



Reply Favorite

Date: August 2nd, 2023 2:29 AM
Author: Boyish National

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

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



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Date: August 2nd, 2023 2:29 AM
Author: Boyish National

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

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#46619567)



Reply Favorite

Date: June 19th, 2023 10:21 PM
Author: Crystalline university cuck

dude why do you always take the pics down? so fucking gay, and ruins the whole point of these threads

(http://www.autoadmit.com/thread.php?thread_id=5358525&forum_id=2#46447251)



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Date: June 19th, 2023 10:28 PM
Author: sadistic meetinghouse



(http://www.autoadmit.com/thread.php?thread_id=5358525&forum_id=2#46447275)



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Date: June 19th, 2023 10:34 PM
Author: charcoal set



(http://www.autoadmit.com/thread.php?thread_id=5358525&forum_id=2#46447291)



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Date: June 19th, 2023 11:44 PM
Author: excitant whorehouse partner



(http://www.autoadmit.com/thread.php?thread_id=5358525&forum_id=2#46447458)



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Date: June 20th, 2023 6:07 PM
Author: Aqua Bateful Regret Pit

because people find their escort agency profiles really quick

(http://www.autoadmit.com/thread.php?thread_id=5358525&forum_id=2#46451105)



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Date: September 4th, 2024 1:13 AM
Author: exhilarant site masturbator

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

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#48046864)



Reply Favorite

Date: June 20th, 2023 11:42 AM
Author: French fishy turdskin area

what a shock... 12 hrs later and the pic has been removed.

(http://www.autoadmit.com/thread.php?thread_id=5358525&forum_id=2#46449017)



Reply Favorite

Date: June 20th, 2023 6:28 PM
Author: pink halford

lol at him posting a pic and taking it down after people burn the shit out of her. i really want to see her now.

(http://www.autoadmit.com/thread.php?thread_id=5358525&forum_id=2#46451215)



Reply Favorite

Date: August 2nd, 2023 2:27 AM
Author: Boyish National

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

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#46619555)



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Date: August 2nd, 2023 2:27 AM
Author: Boyish National

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

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#46619554)



Reply Favorite

Date: June 19th, 2023 7:02 PM
Author: Olive range

The last “9” you posted a picture of looked like a tranny 4

(http://www.autoadmit.com/thread.php?thread_id=5358525&forum_id=2#46446397)



Reply Favorite

Date: June 19th, 2023 7:06 PM
Author: passionate ultramarine parlor faggotry

Xoxo also thinks Veronika Rajek isn't a 9.5 Lol

http://www.autoadmit.com/thread.php?thread_id=5255846&forum_id=2#46372973

(http://www.autoadmit.com/thread.php?thread_id=5358525&forum_id=2#46446441)



Reply Favorite

Date: August 2nd, 2023 2:29 AM
Author: Boyish National

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

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#46619569)



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Date: August 2nd, 2023 2:30 AM
Author: Boyish National

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

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#46619570)



Reply Favorite

Date: June 19th, 2023 9:41 PM
Author: sadistic meetinghouse



(http://www.autoadmit.com/thread.php?thread_id=5358525&forum_id=2#46447136)



Reply Favorite

Date: June 19th, 2023 9:49 PM
Author: Olive range

The "9" he posted before looked like Lydia Shum.

I think if any girl he picked up was above average looking + not insane he would try to marry them. As it is he has to settle for whatever kind of late 20 something jobless eurasian mixed girl he finds bumming around Korea on vacation who is impressed by his Camaro. Seems like all the pure bred Korean girls want zero to do with him. Cannot recall once him talking about meeting an actual asian girl from Seoul who wanted to show him to her family

(http://www.autoadmit.com/thread.php?thread_id=5358525&forum_id=2#46447155)



Reply Favorite

Date: June 19th, 2023 9:50 PM
Author: sadistic meetinghouse



(http://www.autoadmit.com/thread.php?thread_id=5358525&forum_id=2#46447157)



Reply Favorite

Date: June 19th, 2023 11:42 PM
Author: histrionic violet doctorate faggot firefighter

wow

(http://www.autoadmit.com/thread.php?thread_id=5358525&forum_id=2#46447454)



Reply Favorite

Date: June 19th, 2023 10:09 PM
Author: passionate ultramarine parlor faggotry

lmaoooooo

(http://www.autoadmit.com/thread.php?thread_id=5358525&forum_id=2#46447212)



Reply Favorite

Date: June 19th, 2023 10:17 PM
Author: sadistic meetinghouse



(http://www.autoadmit.com/thread.php?thread_id=5358525&forum_id=2#46447237)



Reply Favorite

Date: August 2nd, 2023 2:30 AM
Author: Boyish National

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

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#46619571)



Reply Favorite

Date: June 19th, 2023 7:26 PM
Author: Multi-colored Embarrassed To The Bone Electric Furnace

WGWAG

(http://www.autoadmit.com/thread.php?thread_id=5358525&forum_id=2#46446560)



Reply Favorite

Date: June 19th, 2023 7:31 PM
Author: passionate ultramarine parlor faggotry

Yup Judas. I dont even know what Im doing in life anymore. Might be the luckiest man alive.

(http://www.autoadmit.com/thread.php?thread_id=5358525&forum_id=2#46446598)



Reply Favorite

Date: June 19th, 2023 7:55 PM
Author: Iridescent Rigor

Love your hilarious shtick brother. Don’t ever drop the character like FATCEPs did.

(http://www.autoadmit.com/thread.php?thread_id=5358525&forum_id=2#46446730)



Reply Favorite

Date: June 19th, 2023 8:01 PM
Author: passionate ultramarine parlor faggotry

you guys can believe whatever you want lol

(http://www.autoadmit.com/thread.php?thread_id=5358525&forum_id=2#46446767)



Reply Favorite

Date: June 19th, 2023 9:26 PM
Author: Motley boistinker bawdyhouse

You are so full of shit, you loser.

(http://www.autoadmit.com/thread.php?thread_id=5358525&forum_id=2#46447090)



Reply Favorite

Date: June 19th, 2023 10:11 PM
Author: passionate ultramarine parlor faggotry

cumskins TRIGGERED ITT

(http://www.autoadmit.com/thread.php?thread_id=5358525&forum_id=2#46447220)



Reply Favorite

Date: June 19th, 2023 9:40 PM
Author: vengeful theater pistol

Call her Rachel the next time you fuck.

(http://www.autoadmit.com/thread.php?thread_id=5358525&forum_id=2#46447130)



Reply Favorite

Date: June 19th, 2023 10:12 PM
Author: passionate ultramarine parlor faggotry

1800000

(http://www.autoadmit.com/thread.php?thread_id=5358525&forum_id=2#46447221)



Reply Favorite

Date: June 19th, 2023 9:53 PM
Author: Adulterous Plum Digit Ratio Center

You enjoy period sex? Even if there's not a lot of blood I hate the smell. At least it stunk the couple of times I tried it- do some women smell alright during their periods?

(http://www.autoadmit.com/thread.php?thread_id=5358525&forum_id=2#46447169)



Reply Favorite

Date: June 19th, 2023 10:13 PM
Author: passionate ultramarine parlor faggotry

i had period sex with the 21 yr old 9 i was seeing a couple months ago

totally fine w/ it. sometimes it smells sometimes it doesnt - totally depends on the girl

(http://www.autoadmit.com/thread.php?thread_id=5358525&forum_id=2#46447223)



Reply Favorite

Date: June 19th, 2023 9:56 PM
Author: Aromatic Roommate

This is the guy who constantly boasts he's in the top 10% income in Korea but makes like 60k/yr, ljl at this poor manlet.

(http://www.autoadmit.com/thread.php?thread_id=5358525&forum_id=2#46447178)



Reply Favorite

Date: June 19th, 2023 10:13 PM
Author: passionate ultramarine parlor faggotry

cumskins IRATE

(http://www.autoadmit.com/thread.php?thread_id=5358525&forum_id=2#46447224)



Reply Favorite

Date: June 19th, 2023 10:27 PM
Author: Aromatic Roommate

dude, when pressed on your income, you gave some girly response like 60-80k. can't even own up to it. ljl at thinking that's respectable. you're probably in the bottom 1% outcome of NYU undergrads.

(http://www.autoadmit.com/thread.php?thread_id=5358525&forum_id=2#46447271)



Reply Favorite

Date: June 19th, 2023 10:35 PM
Author: charcoal set



(http://www.autoadmit.com/thread.php?thread_id=5358525&forum_id=2#46447298)



Reply Favorite

Date: June 19th, 2023 11:02 PM
Author: passionate ultramarine parlor faggotry

and yet i fuck 24 yr old mexican kim ks

(http://www.autoadmit.com/thread.php?thread_id=5358525&forum_id=2#46447371)



Reply Favorite

Date: June 19th, 2023 11:14 PM
Author: Adulterous Plum Digit Ratio Center

The fact that you admitted to the low income makes your pussy stories more believable, imo. Though I think you have serious permanent beer goggles.

(http://www.autoadmit.com/thread.php?thread_id=5358525&forum_id=2#46447411)



Reply Favorite

Date: June 19th, 2023 11:17 PM
Author: Crystalline university cuck

poast the pics, fag

(http://www.autoadmit.com/thread.php?thread_id=5358525&forum_id=2#46447417)



Reply Favorite

Date: June 20th, 2023 1:28 AM
Author: Aromatic Roommate

me too.

https://ibb.co/ckBpjam

(http://www.autoadmit.com/thread.php?thread_id=5358525&forum_id=2#46447694)



Reply Favorite

Date: June 20th, 2023 1:36 AM
Author: passionate ultramarine parlor faggotry

She just texted me saying she wants to meet again tonight.

1800000000

(http://www.autoadmit.com/thread.php?thread_id=5358525&forum_id=2#46447706)



Reply Favorite

Date: June 20th, 2023 1:41 AM
Author: adventurous stag film crotch

when nyuug poasts a pic can someone plz save it and upload it themselves then poast link

its so gay how he removes shit immediatley

(http://www.autoadmit.com/thread.php?thread_id=5358525&forum_id=2#46447716)



Reply Favorite

Date: June 20th, 2023 2:34 AM
Author: passionate ultramarine parlor faggotry

actually lmaoing@ tommy jerking off to mexican hotties ive already fucked

(http://www.autoadmit.com/thread.php?thread_id=5358525&forum_id=2#46447788)



Reply Favorite

Date: June 20th, 2023 2:45 AM
Author: adventurous stag film crotch

Wld love to but sorta hard when click and it says 404 file not found

(http://www.autoadmit.com/thread.php?thread_id=5358525&forum_id=2#46447799)



Reply Favorite

Date: June 20th, 2023 2:47 AM
Author: passionate ultramarine parlor faggotry

last night she told me her period ends today. gonna try to bust inside her tonight.

u jelly?

(http://www.autoadmit.com/thread.php?thread_id=5358525&forum_id=2#46447801)



Reply Favorite

Date: June 20th, 2023 3:38 AM
Author: adventurous stag film crotch

no, thats beyond disgusting

(http://www.autoadmit.com/thread.php?thread_id=5358525&forum_id=2#46447856)



Reply Favorite

Date: June 20th, 2023 6:23 PM
Author: French fishy turdskin area

If I'm ever quick enough I vow to. However, assuming he posts pics at all, rather than just dead links to imgur, I'm guessing he takes them down after less than 30 seconds so he can get back to telling his online male friends about the intricacies of him ejaculating into various hookers in SE Asia.

(http://www.autoadmit.com/thread.php?thread_id=5358525&forum_id=2#46451186)



Reply Favorite

Date: June 20th, 2023 2:49 AM
Author: mischievous shrine philosopher-king

this stuff is just so weird, when does it end

(http://www.autoadmit.com/thread.php?thread_id=5358525&forum_id=2#46447804)



Reply Favorite

Date: June 20th, 2023 2:52 AM
Author: passionate ultramarine parlor faggotry

do you think i lie about my conquests on xoxo?

(http://www.autoadmit.com/thread.php?thread_id=5358525&forum_id=2#46447809)



Reply Favorite

Date: June 20th, 2023 2:59 AM
Author: Aromatic Roommate

you lie about your income. top 10% income in South Korea starts at about 113k USD, not 60k. hth

(http://www.autoadmit.com/thread.php?thread_id=5358525&forum_id=2#46447812)



Reply Favorite

Date: June 20th, 2023 3:03 AM
Author: passionate ultramarine parlor faggotry

lmao@ how IRATE you are ITT

(http://www.autoadmit.com/thread.php?thread_id=5358525&forum_id=2#46447816)



Reply Favorite

Date: June 20th, 2023 3:45 AM
Author: Aromatic Roommate

If someone just graduated from NYU ug last month and was going to make 60k/yr, that would be on the lower end. How many years have you been out? Lol at this poor loser. Sexiling himself and is still poor by Korean standards.

(http://www.autoadmit.com/thread.php?thread_id=5358525&forum_id=2#46447859)



Reply Favorite

Date: June 20th, 2023 5:10 AM
Author: Godawful milk toilet seat

Oh wow a screenshot of an online profile that you wrote wgwag on — I guess that proves you fucked her! 🤡

(http://www.autoadmit.com/thread.php?thread_id=5358525&forum_id=2#46447907)



Reply Favorite

Date: June 20th, 2023 6:06 PM
Author: light hissy fit

Uh, yes?

I'll be generous and give you the benefit of the doubt and say that you only dramatically embellish 99% of what you post on here.

(http://www.autoadmit.com/thread.php?thread_id=5358525&forum_id=2#46451097)



Reply Favorite

Date: June 20th, 2023 6:15 PM
Author: appetizing honey-headed potus

i feel like nyuug is an alterego of cslg

(http://www.autoadmit.com/thread.php?thread_id=5358525&forum_id=2#46451139)



Reply Favorite

Date: June 20th, 2023 6:17 PM
Author: light hissy fit

They both seem like terrible shallow people.

(http://www.autoadmit.com/thread.php?thread_id=5358525&forum_id=2#46451149)



Reply Favorite

Date: June 20th, 2023 6:20 PM
Author: Fantasy-prone Peach Jew

nyuug is worse, he's like one of those AIM chatbots back in the day

i am not convinced at all that this fucking gook is even sentient

(http://www.autoadmit.com/thread.php?thread_id=5358525&forum_id=2#46451166)



Reply Favorite

Date: June 20th, 2023 6:22 PM
Author: cerebral chartreuse plaza mother

he was much more human when he was a loser virgin nowag at nyu.

living in korea and chasing pussy for a decade has turned him into a gookbot

(http://www.autoadmit.com/thread.php?thread_id=5358525&forum_id=2#46451175)



Reply Favorite

Date: June 20th, 2023 6:26 PM
Author: pink halford

how many centimeters and kilograms was she

(http://www.autoadmit.com/thread.php?thread_id=5358525&forum_id=2#46451206)



Reply Favorite

Date: June 22nd, 2023 5:32 PM
Author: passionate ultramarine parlor faggotry

short side - like 162 cm ish

weight? no idea. body like Kim K tho. 180

(http://www.autoadmit.com/thread.php?thread_id=5358525&forum_id=2#46460525)



Reply Favorite

Date: August 2nd, 2023 2:30 AM
Author: Boyish National

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

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#46619572)



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Date: August 2nd, 2023 2:30 AM
Author: Boyish National

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

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#46619575)



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Date: August 2nd, 2023 2:30 AM
Author: Boyish National

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

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#46619574)



Reply Favorite

Date: June 22nd, 2023 5:33 PM
Author: passionate ultramarine parlor faggotry

OK so I'm taking her to the beach this weekend. She wants to wear the red bikini I bought her the other night when we went shopping.

180

(http://www.autoadmit.com/thread.php?thread_id=5358525&forum_id=2#46460529)



Reply Favorite

Date: June 22nd, 2023 5:36 PM
Author: Canary Circlehead

Pics

(http://www.autoadmit.com/thread.php?thread_id=5358525&forum_id=2#46460547)



Reply Favorite

Date: June 22nd, 2023 5:42 PM
Author: passionate ultramarine parlor faggotry

https://ibb.co/2SvS7gJ

(http://www.autoadmit.com/thread.php?thread_id=5358525&forum_id=2#46460571)



Reply Favorite

Date: August 2nd, 2023 2:31 AM
Author: Boyish National

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

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#46619578)



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Date: August 2nd, 2023 2:31 AM
Author: Boyish National

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

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#46619577)



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Date: August 2nd, 2023 2:31 AM
Author: Boyish National

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

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#46619576)



Reply Favorite

Date: June 23rd, 2023 8:14 PM
Author: Aromatic Roommate

I’ve never met anyone more ashamed of a 9. (I’m guessing this must be the reason he takes the pictures down so quickly.) Even TSINAH stands by his HOG, granted she’s only an 8.

(http://www.autoadmit.com/thread.php?thread_id=5358525&forum_id=2#46465237)



Reply Favorite

Date: August 2nd, 2023 2:31 AM
Author: Boyish National

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

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#46619580)



Reply Favorite

Date: June 23rd, 2023 8:18 PM
Author: Concupiscible buff principal's office fanboi

someone with Kim K features plus double E cups sounds like a horse. Why dont you just fuck a horse, you dont have to buy it dinner.

(http://www.autoadmit.com/thread.php?thread_id=5358525&forum_id=2#46465250)



Reply Favorite

Date: August 2nd, 2023 2:31 AM
Author: Boyish National

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

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



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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

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#46619520)



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Date: August 2nd, 2023 2:23 AM
Author: Boyish National

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

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#46619521)



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Date: August 2nd, 2023 2:23 AM
Author: Boyish National

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

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#46619522)



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Date: August 2nd, 2023 2:23 AM
Author: Boyish National

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

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#46619524)



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Date: August 2nd, 2023 2:23 AM
Author: Boyish National

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

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#46619525)



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Date: August 2nd, 2023 2:23 AM
Author: Boyish National

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

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#46619526)



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Date: August 2nd, 2023 2:24 AM
Author: Boyish National

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

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#46619527)



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Date: August 2nd, 2023 2:33 AM
Author: Boyish National

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

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#46619590)



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Date: August 2nd, 2023 2:33 AM
Author: Boyish National

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

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



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Date: August 2nd, 2023 2:34 AM
Author: Boyish National

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

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



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Date: August 2nd, 2023 2:32 AM
Author: Boyish National

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

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



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Date: August 2nd, 2023 2:33 AM
Author: Boyish National

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

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



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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

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



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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

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



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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

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



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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

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



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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

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



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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

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



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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

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



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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

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



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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

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



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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

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



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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

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



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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

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



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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

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



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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

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



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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

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



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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

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



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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

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



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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

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



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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

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



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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]

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Conscription in South Korea

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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

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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

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Violation of Forced Labour Convention

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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

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Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

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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

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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



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