Ministry of National Defense Republic of Korea

“The ministry has tried to prepare a reasonable alternative form of service that harmonizes the obligation of military service and the right to freedom of conscience based on a set of principles that includes ▲maintaining the fairness of military service, ▲preventing any exploitation of alternative service to avoid military conscription and ▲respecting international norms in a manner that does not compromise our security readiness,” Lee Nam-woo, chief of the Office of Personnel and Welfare of the ministry, explained at a press briefing on Friday. 

“After recognizing through a series of public hearings that there were significant differences in public opinions regarding the alternative service program, as well as a press release and online public opinion survey, we tried to form a national consensus and reduce unnecessary social conflicts by preparing a balanced implementation plan. We also tried to prepare an effective alternative service program that would not lead to a sudden increase in the number of applicants, or any disregard of the law by the participants in the program,” Lee added. 

The end result was that the ministry decided to choose a program that would allow members to stay together and do their duties at correctional facilities, such as prisons, an environment closest to the military service environment. The service term was set as 36 months, considering the service term for other alternative service members, such as public health doctors. In terms of a private sector area that does not relate to military-related areas, the ministry chose correctional facilities, where members can stay in the barracks for 24 hours like soldiers in military service. 

“The alternative service members are supposed to engage in the intensive labor such as cooking that is necessary for operating corrective facilities. The working-level task force team from the relevant departments and consultants visited the Seoul Detention Center and could see that the service carried out in the facilities is more intensive than the regular service performed by active-duty soldiers,” Lee said.

The ministry prepared a legislative bill that aimed to unify service applications using correctional facilities at the early stage of the program, and to diversify service applications when the program is established.

The service term was set as 36 months in consideration of the service term of active-duty soldiers (18 to 22 months based on the shortened service term plan) and other alternative service members, such as public health doctors (34 to 36 months), as well as concerns over the potential exploitation of alternative service to avoid military conscription.

“The service term will be adjusted by up to one year after deliberation in the Cabinet meeting and the President’s approval depending on changes in the situation, including the establishment of the program,” Lee said. 

Inspections of the alternative service applicants will be conducted by a separate committee. The inspection committee will operate under the Ministry of National Defense, the competent ministry working on military service policies, but the committee will include an equal distribution of members recommended by the Ministry of National Defense, the Ministry of Justice and the National Human Rights Commission, respectively. The chief of the committee will be decided by a vote of the committee members in order to ensure fairness and independence.

The alternative service members will be managed and supervised by the chief of the service organization and the minister of the ministry and office concerned. As well, there will be an alternative service plan for the period after the completion of the service that replaces the reserve forces training.

“We are considering a plan to have the alternative service members work at correctional facilities or engage in social service activities for twice as long as the reserve forces training time for active-duty soldiers. Like active-duty soldiers, they will form a reserve force for eight years after their discharge from military service,” an official from the Ministry of Justice said. 

“During our discussions, we gave in-depth consideration to adjusting the service term to the term recommended by an international human rights organization and diversifying service applications. But we could not reflect these in the final bills in consideration of the need for fairness in our military service programs, as well as concerns over a potential sudden increase of applicants and the necessity of ensuring the early establishment of the program. However, we have prepared a legislative bill to make sure that it can take effect strictly at an early stage, and that the service term can be adjusted and service applications expanded depending on changes in the situation, including the establishment of the program in future,” Lee said. 

The ministry had also considered another program that would have allowed alternative service members to serve the military in non-battle areas. But this was excluded considering the effectiveness and the intent of the Constitutional Court’s decision - ‘It should be noted that if the alternative service program is made difficult even for conscientious objectors to choose, it may make the alternative service program nominal or function as punishment. It can also cause the breach of other basic human rights.’  

The ministry revised Article 5 of the Military Service Act, which specifies ‘types of military service,’ by adding ‘alternative service’ to the service types, which had previously included only preparation for military service, active duty, reserve service, reservist status and wartime labor service. Details of the revision, including review, transfer and service, will be set in a draft/revised plan for the ‘Act on the transfer and service of alternative service.’

“When the public notice of legislation ends, the related government bills will be submitted to the National Assembly early next year after consultation with the relevant departments and the judgment from the Ministry of Government Legislation,” Lee said. 

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