While each of the three Asian Powers has experienced WGWAG success, it can be said that the comparative success experienced by each come in the following order (from greatest to least): Korea, Japan, China.

The 3-Factor Model identifies the following variables ranked in the order of explanatory power:

1. Genetics

2. Globalization

3. Culture

Genetics is the most powerful explanans, due to the supervenience of the other two factors on said explanans.

At the most primal level, women are attracted to the most superior genetic specimens of the opposite sex.

Data show that the higher the latitude, the taller the population. The highest Mongol admixtures among the Asian Powers is Korea.

The Chinese, having mixed with Southern Chinese for millenia had their Mongolian genes diluted with southern tribes.

The Japanese, after leaving the Korean peninsula, encountered Natives living in Japan who they eventually assimilated, also diluting the Mongol genotypes that were once unsullied.

This genetic drift is evident when looking at height statistics of the three Asian Powers: Koreans are the tallest, followed by the Northern Chinese, then Japanese and Southern Chinese.

Globalization is the second factor.

MITI and the Japanese developmental state allowed the Japanese to catch up with the West as early as the 70s. The "Japanese craze" from the 70s-onwards is a widely studied phenomenon in the Western world.

Korea came after, and then China.

The key difference is Globalization.

Japan globalized, but too early. The Crucial Infrastructure of the Internet did not exist when the Japanese developmental state reached its zenith, little g "globalization"

Korea took advantage of full Globalization - it harnessed the power of the internet and rapid information dissemination in order to maximize WGWAG success on the global stage.

China, following the Sino-Capitalist Model, also came to during the era of Globalization but has not experienced the same level of success as Korea, which demands a third explanans:

Culture:

Korean culture retained its ethnic nationalism and massive homogeneity, e.g. Neo-Confucianism. The Chinese lost theirs in the Cultural Revolution, and has struggled to export its culture in order to maximize Chinese WGWAG. This is why China, a Great Power, like Japan, failed to replicate Korean success despite the historical disadvantages of the Korean state: smallest population, lowest GDP/capita, the least soft power, etc.

The most robust model of WGAWG is the one described above: The 3-Factor WGWAG Model.

The rest of Asia would be wise to learn from our success if they wish to participate fully in the WGWAG-AGWWG Great War of the post-Westphalian Era.

Original:

http://www.autoadmit.com/thread.php?thread_id=3809965&forum_id=5#34779303

(http://www.autoadmit.com/thread.php?thread_id=4441909&forum_id=2#39569501)

Article Talk

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Edit

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

South Korean soldiers in training

Establishment

Edit

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

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

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

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

Controversies

Edit

Violation of Forced Labour Convention

Edit

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

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

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

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

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

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

Draft evasion

Edit

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

Yoo Seung-jun (Steve Yoo)

Edit

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

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

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

South Korean soldiers in training

Establishment

Edit

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

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

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

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

Controversies

Edit

Violation of Forced Labour Convention

Edit

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

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

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

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

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

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

Draft evasion

Edit

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

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the 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=4441909&forum_id=2#46610470)

Article Talk

Language

Watch

Edit

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

South Korean soldiers in training

Establishment

Edit

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

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

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

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

Controversies

Edit

Violation of Forced Labour Convention

Edit

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

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

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

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

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

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

Draft evasion

Edit

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

Yoo Seung-jun (Steve Yoo)

Edit

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

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

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

South Korean soldiers in training

Establishment

Edit

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

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

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

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

Controversies

Edit

Violation of Forced Labour Convention

Edit

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

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

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

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

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

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

Draft evasion

Edit

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

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the 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=4441909&forum_id=2#46610471)

Article Talk

Language

Watch

Edit

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

South Korean soldiers in training

Establishment

Edit

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

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

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

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

Controversies

Edit

Violation of Forced Labour Convention

Edit

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

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

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

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

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

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

Draft evasion

Edit

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

Yoo Seung-jun (Steve Yoo)

Edit

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

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

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

South Korean soldiers in training

Establishment

Edit

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

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

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

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

Controversies

Edit

Violation of Forced Labour Convention

Edit

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

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

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

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

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

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

Draft evasion

Edit

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

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the 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=4441909&forum_id=2#46610474)

Article Talk

Language

Watch

Edit

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

South Korean soldiers in training

Establishment

Edit

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

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

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

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

Controversies

Edit

Violation of Forced Labour Convention

Edit

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

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

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

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

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

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

Draft evasion

Edit

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

Yoo Seung-jun (Steve Yoo)

Edit

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

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

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

South Korean soldiers in training

Establishment

Edit

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

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

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

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

Controversies

Edit

Violation of Forced Labour Convention

Edit

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

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

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

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

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

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

Draft evasion

Edit

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

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the 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=4441909&forum_id=2#46610475)

Article Talk

Language

Watch

Edit

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

South Korean soldiers in training

Establishment

Edit

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

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

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

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

Controversies

Edit

Violation of Forced Labour Convention

Edit

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

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

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

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

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

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

Draft evasion

Edit

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

Yoo Seung-jun (Steve Yoo)

Edit

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

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

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

South Korean soldiers in training

Establishment

Edit

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

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

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

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

Controversies

Edit

Violation of Forced Labour Convention

Edit

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

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

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

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

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

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

Draft evasion

Edit

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

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the 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=4441909&forum_id=2#46610476)

Article Talk

Language

Watch

Edit

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

South Korean soldiers in training

Establishment

Edit

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

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

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

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

Controversies

Edit

Violation of Forced Labour Convention

Edit

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

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

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

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

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

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

Draft evasion

Edit

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

Yoo Seung-jun (Steve Yoo)

Edit

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

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

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

South Korean soldiers in training

Establishment

Edit

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

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

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

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

Controversies

Edit

Violation of Forced Labour Convention

Edit

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

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

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

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

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

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

Draft evasion

Edit

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

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the 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=4441909&forum_id=2#46610477)

Article Talk

Language

Watch

Edit

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

South Korean soldiers in training

Establishment

Edit

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

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

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

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

Controversies

Edit

Violation of Forced Labour Convention

Edit

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

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

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

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

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

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

Draft evasion

Edit

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

Yoo Seung-jun (Steve Yoo)

Edit

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

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

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

South Korean soldiers in training

Establishment

Edit

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

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

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

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

Controversies

Edit

Violation of Forced Labour Convention

Edit

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

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

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

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

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

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

Draft evasion

Edit

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

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the 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=4441909&forum_id=2#46610478)

Article Talk

Language

Watch

Edit

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

South Korean soldiers in training

Establishment

Edit

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

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

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

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

Controversies

Edit

Violation of Forced Labour Convention

Edit

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

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

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

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

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

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

Draft evasion

Edit

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

Yoo Seung-jun (Steve Yoo)

Edit

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

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

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

South Korean soldiers in training

Establishment

Edit

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

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

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

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

Controversies

Edit

Violation of Forced Labour Convention

Edit

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

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

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

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

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

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

Draft evasion

Edit

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

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the 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=4441909&forum_id=2#46610479)

Article Talk

Language

Watch

Edit

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

South Korean soldiers in training

Establishment

Edit

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

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

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

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

Controversies

Edit

Violation of Forced Labour Convention

Edit

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

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

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

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

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

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

Draft evasion

Edit

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

Yoo Seung-jun (Steve Yoo)

Edit

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

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

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

South Korean soldiers in training

Establishment

Edit

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

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

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

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

Controversies

Edit

Violation of Forced Labour Convention

Edit

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

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

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

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

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

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

Draft evasion

Edit

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

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the 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=4441909&forum_id=2#46610480)

Article Talk

Language

Watch

Edit

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

South Korean soldiers in training

Establishment

Edit

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

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

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

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

Controversies

Edit

Violation of Forced Labour Convention

Edit

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

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

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

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

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

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

Draft evasion

Edit

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

Yoo Seung-jun (Steve Yoo)

Edit

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

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

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

South Korean soldiers in training

Establishment

Edit

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

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

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

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

Controversies

Edit

Violation of Forced Labour Convention

Edit

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

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

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

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

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

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

Draft evasion

Edit

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

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the 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=4441909&forum_id=2#46610483)

Article Talk

Language

Watch

Edit

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

South Korean soldiers in training

Establishment

Edit

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

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

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

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

Controversies

Edit

Violation of Forced Labour Convention

Edit

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

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

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

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

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

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

Draft evasion

Edit

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

Yoo Seung-jun (Steve Yoo)

Edit

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

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

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

South Korean soldiers in training

Establishment

Edit

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

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

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

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

Controversies

Edit

Violation of Forced Labour Convention

Edit

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

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

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

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

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

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

Draft evasion

Edit

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

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the 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=4441909&forum_id=2#46610484)

Article Talk

Language

Watch

Edit

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

South Korean soldiers in training

Establishment

Edit

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

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

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

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

Controversies

Edit

Violation of Forced Labour Convention

Edit

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

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

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

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

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

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

Draft evasion

Edit

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

Yoo Seung-jun (Steve Yoo)

Edit

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

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

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

South Korean soldiers in training

Establishment

Edit

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

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

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

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

Controversies

Edit

Violation of Forced Labour Convention

Edit

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

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

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

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

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

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

Draft evasion

Edit

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

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the 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=4441909&forum_id=2#46610485)

Article Talk

Language

Watch

Edit

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

South Korean soldiers in training

Establishment

Edit

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

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

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

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

Controversies

Edit

Violation of Forced Labour Convention

Edit

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

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

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

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

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

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

Draft evasion

Edit

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

Yoo Seung-jun (Steve Yoo)

Edit

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

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

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

South Korean soldiers in training

Establishment

Edit

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

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

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

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

Controversies

Edit

Violation of Forced Labour Convention

Edit

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

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

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

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

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

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

Draft evasion

Edit

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

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the 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=4441909&forum_id=2#46610486)

Article Talk

Language

Watch

Edit

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

South Korean soldiers in training

Establishment

Edit

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

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

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

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

Controversies

Edit

Violation of Forced Labour Convention

Edit

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

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

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

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

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

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

Draft evasion

Edit

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

Yoo Seung-jun (Steve Yoo)

Edit

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

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

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

South Korean soldiers in training

Establishment

Edit

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

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

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

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

Controversies

Edit

Violation of Forced Labour Convention

Edit

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

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

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

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

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

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

Draft evasion

Edit

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

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the 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=4441909&forum_id=2#46610487)

korea = DOMINATING global soft power

why? WGWAG

(http://www.autoadmit.com/thread.php?thread_id=4441909&forum_id=2#39569504)

Article Talk

Language

Watch

Edit

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

South Korean soldiers in training

Establishment

Edit

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

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

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

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

Controversies

Edit

Violation of Forced Labour Convention

Edit

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

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

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

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

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

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

Draft evasion

Edit

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

Yoo Seung-jun (Steve Yoo)

Edit

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

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

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

South Korean soldiers in training

Establishment

Edit

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

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

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

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

Controversies

Edit

Violation of Forced Labour Convention

Edit

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

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

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

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

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

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

Draft evasion

Edit

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

Yoo Seung-jun (Steve Yoo)

Edit

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

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

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

South Korean soldiers in training

Establishment

Edit

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

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

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

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

Controversies

Edit

Violation of Forced Labour Convention

Edit

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

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

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

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

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

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

Draft evasion

Edit

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

Yoo Seung-jun (Steve Yoo)

Edit

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

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

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

South Korean soldiers in training

Establishment

Edit

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

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

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

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

Controversies

Edit

Violation of Forced Labour Convention

Edit

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

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

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

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

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

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

Draft evasion

Edit

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

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the 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=4441909&forum_id=2#46610520)

Article Talk

Language

Watch

Edit

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

South Korean soldiers in training

Establishment

Edit

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

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

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

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

Controversies

Edit

Violation of Forced Labour Convention

Edit

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

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

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

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

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

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

Draft evasion

Edit

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

Yoo Seung-jun (Steve Yoo)

Edit

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

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

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

South Korean soldiers in training

Establishment

Edit

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

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

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

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

Controversies

Edit

Violation of Forced Labour Convention

Edit

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

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

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

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

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

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

Draft evasion

Edit

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

Yoo Seung-jun (Steve Yoo)

Edit

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

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

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

South Korean soldiers in training

Establishment

Edit

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

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

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

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

Controversies

Edit

Violation of Forced Labour Convention

Edit

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

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

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

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

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

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

Draft evasion

Edit

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

Yoo Seung-jun (Steve Yoo)

Edit

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

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

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

South Korean soldiers in training

Establishment

Edit

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

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

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

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

Controversies

Edit

Violation of Forced Labour Convention

Edit

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

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

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

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

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

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

Draft evasion

Edit

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

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the 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=4441909&forum_id=2#46610523)

Article Talk

Language

Watch

Edit

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

South Korean soldiers in training

Establishment

Edit

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

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

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

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

Controversies

Edit

Violation of Forced Labour Convention

Edit

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

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

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

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

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

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

Draft evasion

Edit

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

Yoo Seung-jun (Steve Yoo)

Edit

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

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

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

South Korean soldiers in training

Establishment

Edit

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

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

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

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

Controversies

Edit

Violation of Forced Labour Convention

Edit

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

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

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

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

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

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

Draft evasion

Edit

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

Yoo Seung-jun (Steve Yoo)

Edit

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

See also

Conscription in South Korea

Article Talk

Language

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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

Edit

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

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

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

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

Controversies

Edit

Violation of Forced Labour Convention

Edit

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

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

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

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

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

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

Draft evasion

Edit

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

Yoo Seung-jun (Steve Yoo)

Edit

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

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

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

South Korean soldiers in training

Establishment

Edit

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

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

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

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

Controversies

Edit

Violation of Forced Labour Convention

Edit

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

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

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

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

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

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

Draft evasion

Edit

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

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the 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=4441909&forum_id=2#46610524)

Article Talk

Language

Watch

Edit

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

South Korean soldiers in training

Establishment

Edit

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

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

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

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

Controversies

Edit

Violation of Forced Labour Convention

Edit

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

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

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

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

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

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

Draft evasion

Edit

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

Yoo Seung-jun (Steve Yoo)

Edit

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

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

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

South Korean soldiers in training

Establishment

Edit

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

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

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

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

Controversies

Edit

Violation of Forced Labour Convention

Edit

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

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

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

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

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

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

Draft evasion

Edit

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

Yoo Seung-jun (Steve Yoo)

Edit

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

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

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

South Korean soldiers in training

Establishment

Edit

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

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

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

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

Controversies

Edit

Violation of Forced Labour Convention

Edit

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

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

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

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

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

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

Draft evasion

Edit

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

Yoo Seung-jun (Steve Yoo)

Edit

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

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

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

South Korean soldiers in training

Establishment

Edit

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

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

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

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

Controversies

Edit

Violation of Forced Labour Convention

Edit

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

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

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

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

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

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

Draft evasion

Edit

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

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the 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=4441909&forum_id=2#46610525)

Article Talk

Language

Watch

Edit

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

South Korean soldiers in training

Establishment

Edit

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

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

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

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

Controversies

Edit

Violation of Forced Labour Convention

Edit

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

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

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

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

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

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

Draft evasion

Edit

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

Yoo Seung-jun (Steve Yoo)

Edit

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

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

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

South Korean soldiers in training

Establishment

Edit

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

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

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

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

Controversies

Edit

Violation of Forced Labour Convention

Edit

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

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

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

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

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

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

Draft evasion

Edit

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

Yoo Seung-jun (Steve Yoo)

Edit

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

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

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

South Korean soldiers in training

Establishment

Edit

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

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

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

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

Controversies

Edit

Violation of Forced Labour Convention

Edit

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

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

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

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

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

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

Draft evasion

Edit

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

Yoo Seung-jun (Steve Yoo)

Edit

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

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

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

South Korean soldiers in training

Establishment

Edit

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

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

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

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

Controversies

Edit

Violation of Forced Labour Convention

Edit

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

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

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

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

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

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

Draft evasion

Edit

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

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the 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=4441909&forum_id=2#46610526)

Article Talk

Language

Watch

Edit

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

South Korean soldiers in training

Establishment

Edit

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

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

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

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

Controversies

Edit

Violation of Forced Labour Convention

Edit

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

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

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

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

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

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

Draft evasion

Edit

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

Yoo Seung-jun (Steve Yoo)

Edit

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

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

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

South Korean soldiers in training

Establishment

Edit

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

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

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

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

Controversies

Edit

Violation of Forced Labour Convention

Edit

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

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

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

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

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

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

Draft evasion

Edit

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

Yoo Seung-jun (Steve Yoo)

Edit

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

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

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

South Korean soldiers in training

Establishment

Edit

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

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

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

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

Controversies

Edit

Violation of Forced Labour Convention

Edit

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

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

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

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

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

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

Draft evasion

Edit

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

Yoo Seung-jun (Steve Yoo)

Edit

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

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

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

South Korean soldiers in training

Establishment

Edit

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

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

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

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

Controversies

Edit

Violation of Forced Labour Convention

Edit

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

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

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

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

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

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

Draft evasion

Edit

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

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the 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=4441909&forum_id=2#46610527)

Article Talk

Language

Watch

Edit

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

South Korean soldiers in training

Establishment

Edit

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

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

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

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

Controversies

Edit

Violation of Forced Labour Convention

Edit

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

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

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

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

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

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

Draft evasion

Edit

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

Yoo Seung-jun (Steve Yoo)

Edit

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

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

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

South Korean soldiers in training

Establishment

Edit

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

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

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

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

Controversies

Edit

Violation of Forced Labour Convention

Edit

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

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

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

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

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

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

Draft evasion

Edit

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

Yoo Seung-jun (Steve Yoo)

Edit

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

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

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

South Korean soldiers in training

Establishment

Edit

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

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

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

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

Controversies

Edit

Violation of Forced Labour Convention

Edit

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

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

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

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

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

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

Draft evasion

Edit

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

Yoo Seung-jun (Steve Yoo)

Edit

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

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

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

South Korean soldiers in training

Establishment

Edit

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

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

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

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

Controversies

Edit

Violation of Forced Labour Convention

Edit

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

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

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

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

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

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

Draft evasion

Edit

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

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the 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=4441909&forum_id=2#46610528)

Article Talk

Language

Watch

Edit

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

South Korean soldiers in training

Establishment

Edit

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

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

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

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

Controversies

Edit

Violation of Forced Labour Convention

Edit

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

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

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

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

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

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

Draft evasion

Edit

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

Yoo Seung-jun (Steve Yoo)

Edit

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

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

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

South Korean soldiers in training

Establishment

Edit

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

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

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

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

Controversies

Edit

Violation of Forced Labour Convention

Edit

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

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

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

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

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

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

Draft evasion

Edit

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

Yoo Seung-jun (Steve Yoo)

Edit

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

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

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

South Korean soldiers in training

Establishment

Edit

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

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

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

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

Controversies

Edit

Violation of Forced Labour Convention

Edit

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

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

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

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

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

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

Draft evasion

Edit

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

Yoo Seung-jun (Steve Yoo)

Edit

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

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

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

South Korean soldiers in training

Establishment

Edit

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

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

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

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

Controversies

Edit

Violation of Forced Labour Convention

Edit

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

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

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

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

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

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

Draft evasion

Edit

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

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the 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=4441909&forum_id=2#46610531)

Article Talk

Language

Watch

Edit

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

South Korean soldiers in training

Establishment

Edit

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

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

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

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

Controversies

Edit

Violation of Forced Labour Convention

Edit

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

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

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

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

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

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

Draft evasion

Edit

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

Yoo Seung-jun (Steve Yoo)

Edit

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

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

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

South Korean soldiers in training

Establishment

Edit

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

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

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

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

Controversies

Edit

Violation of Forced Labour Convention

Edit

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

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

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

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

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

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

Draft evasion

Edit

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

Yoo Seung-jun (Steve Yoo)

Edit

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

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

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

South Korean soldiers in training

Establishment

Edit

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

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

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

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

Controversies

Edit

Violation of Forced Labour Convention

Edit

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

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

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

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

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

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

Draft evasion

Edit

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

Yoo Seung-jun (Steve Yoo)

Edit

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

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

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

South Korean soldiers in training

Establishment

Edit

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

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

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

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

Controversies

Edit

Violation of Forced Labour Convention

Edit

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

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

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

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

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

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

Draft evasion

Edit

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

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the 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=4441909&forum_id=2#46610532)

Article Talk

Language

Watch

Edit

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

South Korean soldiers in training

Establishment

Edit

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

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

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

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

Controversies

Edit

Violation of Forced Labour Convention

Edit

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

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

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

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

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

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

Draft evasion

Edit

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

Yoo Seung-jun (Steve Yoo)

Edit

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

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

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

South Korean soldiers in training

Establishment

Edit

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

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

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

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

Controversies

Edit

Violation of Forced Labour Convention

Edit

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

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

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

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

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

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

Draft evasion

Edit

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

Yoo Seung-jun (Steve Yoo)

Edit

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

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

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

South Korean soldiers in training

Establishment

Edit

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

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

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

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

Controversies

Edit

Violation of Forced Labour Convention

Edit

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

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

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

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

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

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

Draft evasion

Edit

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

Yoo Seung-jun (Steve Yoo)

Edit

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

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

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

South Korean soldiers in training

Establishment

Edit

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

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

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

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

Controversies

Edit

Violation of Forced Labour Convention

Edit

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

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

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

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

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

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

Draft evasion

Edit

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

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the 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=4441909&forum_id=2#46610530)

Article Talk

Language

Watch

Edit

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

South Korean soldiers in training

Establishment

Edit

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

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

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

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

Controversies

Edit

Violation of Forced Labour Convention

Edit

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

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

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

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

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (병역법).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (사회복무요원)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (병역법).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (사회복무요원)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (병역법).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (사회복무요원)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the 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=4441909&forum_id=2#46610533)

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (병역법).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (사회복무요원)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (병역법).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (사회복무요원)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (병역법).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (사회복무요원)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (병역법).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (사회복무요원)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the 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=4441909&forum_id=2#46610534)

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (병역법).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (사회복무요원)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (병역법).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (사회복무요원)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (병역법).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (사회복무요원)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (병역법).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (사회복무요원)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the 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=4441909&forum_id=2#46610535)

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (병역법).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (사회복무요원)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (병역법).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (사회복무요원)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (병역법).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (사회복무요원)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (병역법).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (사회복무요원)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the 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=4441909&forum_id=2#46610521)

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (병역법).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (사회복무요원)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (병역법).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (사회복무요원)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (병역법).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (사회복무요원)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (병역법).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (사회복무요원)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the 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=4441909&forum_id=2#46610519)

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (병역법).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (사회복무요원)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (병역법).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (사회복무요원)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (병역법).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (사회복무요원)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (병역법).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (사회복무요원)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the 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=4441909&forum_id=2#46610522)

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (병역법).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (사회복무요원)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (병역법).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (사회복무요원)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the 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=4441909&forum_id=2#46610511)

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (병역법).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (사회복무요원)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (병역법).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (사회복무요원)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (병역법).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (사회복무요원)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (병역법).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (사회복무요원)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the 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=4441909&forum_id=2#46610512)

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (병역법).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (사회복무요원)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to 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

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

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (사회복무요원)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

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