ALTERNATIVE (NON-MILITARY) SERVICE IN THE REPUBLIC OF KOREA: LEGAL REGULATION, CHALLENGES AND PROSPECTS

Yaroslav Kotylko

No dx5zv_v1, OSF Preprints from Center for Open Science

Abstract: The article is devoted to the analysis of the legal and organizational aspects of alternative (non-military) service in the Republic of Korea. Particular attention is paid to the process of its formation, legal evolution and the role of the Constitutional Court of the Republic of Korea in recognizing the right of citizens to conscientious objection to military service. The author considers the mechanisms for implementing alternative service, including the procedure for applying, the selection criteria of the Alternative Service Commission, the conditions of service and financial support for persons who have chosen this type of military service. The article also analyzes the features of the legal regulation of alternative service, in particular its connection with the national security system. The issues of the social status of alternative service workers, their rights and obligations, as well as restrictions, in particular regarding political activity, are considered. An important aspect of the study is the comparative analysis of alternative service in South Korea and Ukraine, which allows identifying common features and key differences in approaches to regulating this institution. The author pays attention to international standards for the protection of human rights, recommendations of international organizations, such as the UN and the Venice Commission, regarding alternative service and its compliance with the principle of freedom of conscience. The practice of verifying the motives of conscientious objectors, the possibility of its improvement, as well as the issue of excessive interference in the private lives of applicants are separately considered. The experience of South Korea in the aspects of legal regulation, social security, financing and control over the completion of alternative service is important for Ukraine, which is in the process of reforming its own alternative service system during the Russian-Ukrainian war. The introduction of transparent procedures for recognizing conscientious objectors, determining reasonable criteria for verifying motives, regulating issues of social and material security are key tasks for further improving the relevant legislation.

Date: 2025-04-10
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Persistent link: https://EconPapers.repec.org/RePEc:osf:osfxxx:dx5zv_v1

DOI: 10.31219/osf.io/dx5zv_v1

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