Military Service Obligation Imposed Only on Men... Constitutional Court Says "No Violation of Equality Rights"

Unanimous Ruling by Justices: "Constitutional"... "Future Discussion on Gender-Inclusive Conscription Needed"

The Constitutional Court has ruled that the Military Service Act, which imposes military service obligations on men in the Republic of Korea, does not violate the right to equality.

Chief Justice Yoo Nam-seok of the Constitutional Court and the constitutional justices are entering the Grand Bench of the Constitutional Court in Jongno-gu, Seoul, where the constitutional complaint case ruling will be held on the afternoon of the 26th.
[Image source=Yonhap News]

On the 2nd, the Constitutional Court announced that it made a unanimous decision on the constitutionality of Article 3, Paragraph 1 of the Military Service Act, which imposes military service obligations on male citizens of the Republic of Korea, in a constitutional complaint case.

The petitioner, Mr. A, among others, was either scheduled to fulfill military service obligations or had been sentenced to imprisonment for failing to fulfill such obligations. They filed a constitutional complaint arguing that Article 3, Paragraph 1 of the Military Service Act, which stipulates that male citizens of the Republic of Korea must faithfully perform military service as prescribed by the Constitution and the Military Service Act, infringes upon the right to equality.

The Constitutional Court found that there are reasonable grounds to justify discrimination related to military service obligations. The Court stated, "In the long term, considering circumstances such as the supply and demand of military personnel due to changes in birth rates, legislative discussions regarding the introduction of a gender-neutral conscription system or a transition to a volunteer military system are expected to be seriously reviewed through a process of social consensus." However, it also judged that "at the present time, it is difficult to conclude that the legislature's decision to maintain the existing conscription system is manifestly arbitrary."

Previously, in 2010, the Constitutional Court ruled by a vote of 4 (constitutional) to 2 (unconstitutional) to 1 (dismissal), and in 2014, it ruled unanimously that the provision imposing military service obligations on men in the Republic of Korea does not violate the right to equality.

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