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Republic of Korea: Whether compulsory military service exists; liability for service; length of service; penalties for evasion of service; recognition of conscientious objection; whether alternative forms of service exist; whether a reserve service exists (1999)

Publisher Canada: Immigration and Refugee Board of Canada
Author Research Directorate, Immigration and Refugee Board, Canada
Publication Date 6 December 1999
Citation / Document Symbol KOR33335.E
Reference 4
Cite as Canada: Immigration and Refugee Board of Canada, Republic of Korea: Whether compulsory military service exists; liability for service; length of service; penalties for evasion of service; recognition of conscientious objection; whether alternative forms of service exist; whether a reserve service exists (1999) , 6 December 1999, KOR33335.E, available at: https://www.refworld.org/docid/3ae6ad6470.html [accessed 31 May 2023]
DisclaimerThis is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States.

According to a 30 October 1999 report by The Korea Herald, men between the ages of 18 and 30 are liable for compulsory military service. This information was corroborated in a 6 December 1999 letter by the Assistant to the Defence Attaché of the South Korean embassy in Ottawa. According to The Korea Herald report, standard length of service is 26 months in the army; 28 months in the navy; and 30 months in the air force (30 Oct. 1999). The term of service is longer if one serves as a commissioned or non-commissioned officer (ibid.). In her letter, the Assistant to the Defence Attaché stated that the average length of service is 26 months, and that military service is commonly performed after one has completed one or two years of university (6 Dec. 1999).

In the attached survey of South Korea, War Resisters' International stated (based on 1997 information) that "the right to conscientious objection is not legally recognized and there are no provisions for substitute service" (1998). The Assistant to the Defence Attaché confirmed that South Korea does not recognize conscientious objection (6 Dec. 1999). The Assistant to the Defence Attaché further stated that individuals being considered for military service are placed into one of three service categories:

One is direct service [emphasis in original], whereby poor health of an individual is not of issue, and usual military service requirements are followed.

*Note: For each individual to serve in the military, their level of health is evaluated and a health grade [emphasis in original] is received.

The second is of indirect service [emphasis in original], whereby special circumstances will be taken into legal consideration. One example may be issues pertaining to health status. Individuals who fall into this category of indirect service may serve for a much shorter time frame than that of direct service. These individuals often serve within a 'social service' sector, which may be outside the realm of military training as such.

The third service area is based upon employment or studies within the ROK defence industry. For academics to be taken into consideration for alternative service, an educational standing at a Masters level or above is required.

This is also often fulfilled within a professional scientific/scientific research sphere related to the defence industry, but not limited to this academic concentration. A sum of payment is also given for service within this area (ibid.).

In its 1998 White Paper, the South Korean Ministry of National Defence (MND) stated that South Korea had a reserve force of approximately three million troops. According to the report, "reserve troops are obliged to serve in the reserve force for eight years after they finish their military service" (ibid.). The Assistant to the Defence Attaché stated that individuals who have completed their military service are required to serve in the reserve force "for a few days each year" (ibid.).

The WRI survey states that draft evasion is punishable by up to three years' imprisonment (1998). In her letter, the Assistant to the Defence Attaché stated that evasion of military service is considered to be a criminal offence, but could not confirm the penalty that one might incur for evading such service 6 Dec. 1999).

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.

Embassy of the Republic of Korea, Ottawa. 6 December 1999. Correspondence from the Assistant to the Defence Attaché.

The Korea Herald [Seoul]. 30 October 1999. Lee Sung-yul. "30% of High-Ranking Officials did not Serve in Military." [Accessed 3 Dec. 1999]

Republic of Korea. Ministry of National Defence (MND). 1998. White Paper. [Accessed 3 Dec. 1999]

War Resisters' International [London]. 1998. Bart Horeman and Marc Stolwijk. Refusing to Bear Arms: A World Survey of Conscription and Conscientious Objection to Military Service. London: War Resisters International.

War Resisters' International [London]. 1998. Bart Horeman and Marc Stolwijk. Refusing to Bear Arms: A World Survey of Conscription and Conscientious Objection to Military Service. London: War Resisters International.

Copyright notice: This document is published with the permission of the copyright holder and producer Immigration and Refugee Board of Canada (IRB). The original version of this document may be found on the offical website of the IRB at http://www.irb-cisr.gc.ca/en/. Documents earlier than 2003 may be found only on Refworld.

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