Joint Statement of the National Assembly and the Civil Society for the 5th Global Day of Action on Military Spending

Our Taxes on Social Welfare instead of on Weaponry

Today on the Global Day of Action on Military Spending, we stand here to be with about 320 organizations from about 70 nations around the world. We should reflect on our reality that peace and safety of citizens worldwide are far from being established even when an astronomical amount of money is spent on military. We demand that our taxes be spent on restoring social justice and building a sustainable and peaceful world. This year, marking the one-year anniversary of the Sewol-ferry tragedy, voices desiring a safe nation have grown louder than ever, and the criticism of the ineffective investment in defense industry in the name of 'national security' is also growing stronger. It is time to change the priorities of the national policy and shift the focus from materialistic national security and military buildup to safety of people and peaceful cooperation.

According to 'Trends in World Military Expenditure, 2014' published by Stockholm International Peace Research Institute (SIPRI), the worldwide military spending last year amounted to 1.8 trillion dollars (about 1,968 trillion won), a little less than the last year's. Korea entered the top 10 for the first time last year and ranked 10th this year. 

Korea's military spending in 2015 amounts to 37.456 trillion won, increased by about 4.9% or 1.7504 trillion won from last year. This is excessive, taking up 14.5% of the government budget. 

While a large sum of military spending is being spent, our society is becoming more extremely socially polarized. Uneasiness from everyday life caused by issues in education, child care, health care, and housing encroaches on our lives, but welfare budget to expand social safety net is not nearly enough. The total amount of university student loan is now over 10 trillion won. The university tuition could be subsidized and cut by half if we decide not to use 7 trillion won of budget on purchasing 40 fighter aircrafts, F-35's, which are the most ineffective and unreasonable among the military weapons to be purchased from the U.S. by the Korean army. 1,400 public daycare centers, which President Park Geun-hye promised to provide during her presidential campaign but failed to fulfill, could be built with 880 billion won of budget set aside for 4 unmanned aerial reconnaissance drones called 'Global Hawk'. Also the budget deficit of 65.5 billion won in 34 local medical centers could be covered for the next 90 years if we do not spend 6 trillion won on operating and maintaining Global Hawk's. Students in South Gyeongsang Province, who had to put up with such remark "a school is not the place you come to eat", could have school lunches for free for the next 30 years if 3.3415 trillion won of budget is not spent on the cluster bomb units and the multiple launch rocket systems, both of which indiscriminate murder weapons banned by international law. All the firefighting equipment which is old to such an extent as to threaten the lives of firefighters could be replaced if we do not spend 1.5233 trillion won on purchasing interceptor missiles such as PAC-3. In retrospect, what we lack is not the budget. Where we allocate finances is important. We should face the threat to our lives, and reprioritize the budget.

How about the Sewol-ferry tragedy? We had to witness 304 people being buried at sea because the country, which spends about 35 trillion won every year to protect citizens from outside threat and ranks 10th in military spending, did not have basic rescue equipment. The Blue House National Security Office denied being the so-called "control tower" for the Sewol-ferry disaster. If so, for whom is the national security if the disaster which could have resulted in deaths of 470 citizens is not a matter of national security? Moreover, the Tongyeong naval rescue ship which proved to be utterly useless at the time of Sewol-ferry disaster showed rampant corruption in the nation's defense industry. If we were to talk about society after the Sewol-ferry tragedy, we should start by dealing with this glaring contradiction.

Someone might raise a question about decreasing the military expenditure when there is a serious threat from North Korea. South Korea spends an amount, almost equal to North Korea's GDP, on military. This amount does not even include the military spending by the United States Forces Korea. North Korea is obsessed with weapons of mass destruction such as nuclear weapons because it knows its military spending is no match for South Korea's. Thus it is not a matter of amount of military expenditure, but a matter of trust.

In the East Asian region, there is a fierce competition on military spending among countries such as the United States, China, Russia and Japan. Some claim that South Korea should increase the military spending in order not to fall behind these nations. However, South Korea, as a middle power country responsible for initiating a peaceful unification on the Korean peninsula, should avoid confrontation based on South Korea-the U.S.-Japan military alliance but should demonstrate leadership for peace, cooperation, coexistence and common security. The recent controversy over the U.S. deploying a Terminal High-Altitude Area Defense (THAAD) missile defenses in South Korea directly shows 'Asian paradox', the disconnect between deep economic interdependence and a serious conflict in military diplomacy. 

There are 20 nations worldwide whose military expenditures take up over 4% of their GDP's in 2014. This number is greater than that in the early 1990's right after the Cold War. If the world had spent even 5% of its military spending on combatting poverty, we could have realized the United Nations Millennium Development Goals (MDGs) that promised to halve global poverty rates by the year 2015. However as the world went through two great wars in Iraq and Afghanistan, the promise could not be kept. Korean government also promised to provide 0.25% of its GNI as Official Development Assistance (ODA) by the year 2015 to eradicate poverty but it allocated vastly insufficient amount and ended up breaking its promise to the international society. The new Sustainable Development Goals (SDGs) which is to be proposed in September, 2015 cannot be achieved without fundamental changes and reflection on military expenditure in each country.

The 5th Global Day of Action on Military Spending should not be the anniversary full of empty promises but should be a milestone to change. Thus, to the government and citizens of Korea which ranks 10th in military spending in the world and ranks last in welfare spending among 28 OECD countries, we suggest the following:

1. We demand that the military spending be reduced to alleviate social bipolarization, to expand social safety net, and to build safe society without disasters. Increasing military spending means taking away other opportunities under a limited government budget. Finances obtained by decreasing military expenditure should be used to remove any urgent threats that citizens face in their daily life.

1. This year, the 70th anniversary of the division of Korea, we demand that the efforts be put to end the Korean war and create a peace regime. The Korean government should reflect on the large amount of direct and indirect expenses spent to keep the unstable armistice regime during the past years. The nuclear threat in the Korean peninsula, which is the main reason behind the increase in the military spending, is also the result of this armistice regime and arms race. We should devise measures to recover mutual trust and start conversations instead of purchasing offensive weapons and increasing military expenditure every year. The first step towards achieving this is to lift the May 24th measures which stands between the inter-Korean relations. 

1. We express our deep concerns over the situation where the preparation for war comes before peace and where military alliance comes before cooperation in the Asia-Pacific region. We demand that Korea put efforts to change relations based on various disputes and military conflicts into cooperative ones. Appealing to the military means or strengthening military alliances to antagonize a specific country cannot resolve the conflicts. We should protect the Japanese pacific constitution, a bastion of peace in East Asia, and should not allow the right of collective self-defense. We should not allow the deployment of the U.S. missile defense system in South Korea and break away from the South Korea-U.S.-Japan military ties.

1. In order to establish peace we need participation of citizens and solidarity of people across borders. A mature sense of citizenship is more effective than any weapons to protect the community. Understanding each other and cooperation across borders are  faster ways to solve conflicts than using fighter aircrafts and missiles. We should not stand by and watch the government make decisions on whether a nation exaggerates an outside threat it claims to exist, and on whether our taxes should be used for purchasing military weapons or for building a sustainable society. Decisions on and execution processes of national security matters, including conclusion of various security treaties, development of military cooperation, execution of military exercises, and purchase of expensive and offensive weapons, must be transparent and controlled democratically, considering their enormous effects on society. Priorities in foreign policies and national security policies should be determined by citizens as it is done in other fields. 

Disarmament is not a story of a distant future but an imminent and real issue. We demand that the government, the national assembly and all the citizens show wisdom to establish peace together. 

April 13, 2015
Participants of the 5th Global Day of Action on Military Spending

For more information

The GDAMS website http://demilitarize.org

The GDAMS Korea website http://gdams.or.kr
The GDAMS Preparatory Committee of Seoul
People’s Solidarity for Participatory Democracy +82-2-723-4250, [email protected]

시민사회단체, 유엔 특별보고관에

정부의 양심적 병역거부 대체복무제안(案)에 대한 우려 전달

유엔 종교·신념의 자유 & 표현의 자유 특보,

한국 정부에 국제 인권 기준에 부합하는 대체복무제 도입 촉구

오늘(11/14) 국제앰네스티 한국지부, 군인권센터, 민주사회를위한변호사모임, 전쟁없는세상, 참여연대는 Ahmed Shaheed 종교·신념의 자유 특별보고관(Special Rapporteur on freedom of religion or belief)과 David Kaye 표현의 자유 특별보고관(Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression)에게 한국 정부가 논의 중인 양심적 병역거부 대체복무제안(案)에 대한 우려를 전달했다. 

정부가 논의 중인 대체복무제안은 헌법재판소, 대법원의 판결 취지와 국제인권기준에 부합하지 않는 사실상 ‘징벌적 대체복무제’인 것으로 확인되고 있다. 현역 육군 복무기간 기준 2배인 3년의 복무기간, 복무 영역은 교정시설에서 합숙 복무로 단일화, 심사기구는 국방부 산하에 설치, 현역 복무 중에는 대체복무를 신청할 수 없는 것이 골자이다. 

시민사회단체는 특별보고관들에게 전달한 서한을 통해 한국의 양심적 병역거부 상황과 한국 정부 대체복무제안의 문제점을 자세히 설명하고, 지난 수십 년 동안 발표된 유엔 자유권위원회 권고들과 유엔 인권위원회 결의안 등에 근거하여 다음의 5가지를 한국 정부에 권고해달라고 요청했다. ▷비전투적이고 민간(civillian) 성격이며 징벌적인 성격이 아닌, 유엔 인권기구의 권고에 부합하는 대체복무제를 도입할 것 ▷대체복무 기간은 군 복무 기간과 비슷해야 하며 그보다 길게 설정하려면 합리적이고 객관적인 이유에 근거할 것. 유엔 자유권위원회 등의 권고에 따라 대체복무 기간은 군 복무기간의 최대 1.5배를 넘어서는 안 됨 ▷대체복무 신청과 심사는 군 당국의 통제 하에 있어서는 안 되며 군과 완전히 분리된 민간 행정의 관할로 할 것 ▷다양한 형태의 대체복무를 마련할 것 ▷양심적 병역거부는 군 복무 전과 복무 중, 복무 이후 언제든 이뤄질 수 있다는 점을 인식하여 군 복무 중 병역거부권을 인정할 것 등이다.  

앞서 지난 11월 7일(수) 유엔 종교·신념의 자유 특별보고관과 표현의 자유 특별보고관은 한국 정부에 양심적 병역거부에 대한 서한을 보냈다고 밝혔다. 특별보고관들은 서한을 통해 11월 1일 대법원의 무죄 판결과 한국에서 대체복무제 입법 과정이 시작된 것을 환영했다. 이어 한국이 대법원의 판결 취지와 국제 인권법에 맞는 대체복무제를 도입해야 한다고 강력하게 권고하며, 이를 위한 기술적 지원을 제공하겠다고 제안했다.

그동안 유엔 자유권위원회 등 인권기구들은 한국 정부가 국제 인권 기준에 따라 양심적 병역거부자들에게 대체복무를 제공할 의무가 있으며, 이러한 대체복무는 군으로부터 독립된 민간(civilian) 성격이어야 하고, 기간 등에 있어 차별적이거나 징벌적이지 않아야 한다고 꾸준히 권고해왔다. 시민사회단체들은 이에 따라 한국 정부가 국제 인권 기준과 헌법재판소, 대법원의 판결 취지에 부합하는 대체복무제를 도입할 것을 촉구했다.

• 별첨1 : 유엔 종교·신념의 자유, 표현의 자유 특별보고관에게 전달한 한국 시민사회단체 서한
• 별첨2 : 유엔 종교·신념의 자유, 표현의 자유 특별보고관이 한국 정부에 전달한 양심적 병역거부에 대한 서한

* 보도자료 [원문보기/다운로드]

South Korea Must Introduce Alternative Service that is Compatible with International Human Rights Standards

Submitted by Amnesty International Korea, Lawyers for a Democratic Society – Minbyun, Military Human Rights Center Korea, People’s Solidarity for Participatory Democracy and World Without War

 

We are submitting this communication to inform the UN Special Rapporteurs on the current discussion on introducing alternative service for conscientious objectors in the Republic of Korea (South Korea). After the recent ruling at the Constitutional Court which ask the South Korean government to introduce alternative services until 31 December 2019, the Government formed a working group to draft a bill for alternative service. However, the draft bill proposed by the Government working group does not conform to international human rights standards due to its punitive elements according to media reports and informed sources. This clearly goes against the recommendations given to the Government by several UN human rights mechanisms on introducing alternative service for conscientious objectors. The Government plans to announce the bill for the introduction of alternative service in the next few weeks and it is imperative that this bill is in line with international human rights standards.

 

 

1. Background

 

South Korea operates a system of military conscription under which all male citizens should serve in the military for 21 months. Unfortunately, there is no alternative service for conscientious objectors even though recommendations have been repeatedly made to South Korean government by various UN human rights mechanisms to introduce such service. Every year, hundreds of men have been to prison for exercising their freedom of thought, conscience or religion or belief in the South Korea) (see Table 1. According to Jehovah’s Witnesses, more than 19,300 conscientious objectors have been imprisoned in the country over the last 68 years, an accumulative total of 36,800 years of confinement.

 

            <Table 1 : Conscientious Objectors in South Korea Since 2009>

 

                                                       (Unit : persons)

Type	No.	-July 2018	2017	2016	2015	2014	2013	2012	2011	2010	2009
No.	5,450	71	461	557	493	565	623	598	633	721	728
Jehovah’s Witness	5,413	67	460	555	490	564	615	597	627	715	723
Other Personal belief	37	4	1	2	3	1	8	1	6	6	5

 

 

2. Current situation at the Courts

 

The Constitutional Court ruled on 28 June 2018 that Article 5(1) of the Military Service Act did not conform to the Constitution as it did not include provisions for alternative service for conscientious objectors to military service. This ruling gives the South Korean government until 31 December 2019 to introduce alternative service. This ruling was followed by a Supreme Court ruling on 1 November 2018 in which it ruled in a full bench decision by 9-4 that a Jehovah’s Witness objecting to military service for reasons of conscience could not be punished under Article 88(1) of the Military Service Act. The ruling deems conscientious objection a “justifiable ground” for failing to enlist or comply with a call up within a prescribed period after receiving notification.

 

At the time of the Supreme Court ruling, approximately 100 individuals remained imprisoned. This ruling also followed a total of 118 acquittals of conscientious objectors at lower courts since 2004 and is expected to have an influence on over 966 cases pending at courts of all levels including over 200 pending at the Supreme Court. It is unclear at the time of writing what steps the government intends to take to address their release and provide remedy for all of those affected such as through pardon, expunging criminal records and/or compensation.

 

Importantly, in a supplementary opinion submitted to the majority opinion by Justices Park Jung-hwa, Kim Seon- soo and Noh Jeong-hee they write that: “the International Covenant on Civil and Political Rights ratified by South Korea has the same force as domestic law according to Article 6, Clause 1, of the Constitution and can serve directly as a norm for adjudication.”

 

 

3. Problems of the Government Draft’s Bill

 

Following the 28 June Constitutional Court ruling, the Ministry of National Defense (MND) formed a working group to draft a bill for alternative service. The working group was composed of staff from the MND, Military Manpower Administration (MMA) (which sits under the MND) and the Ministry of Justice (MoJ). In addition, a consultative committee of civilian experts was formed composed of academics, civil society organization representatives and a representative from the National Human Rights Commission of Korea (NHRCK). The work of this consultative committee was coordinated by a representative from the MoJ and a representative from the MMA.

 

A total of seven bills for the establishment of alternative service have been submitted by lawmakers to date, including four bills submitted by Democracy and Peace Party, Bareun Mirae Party and Liberty Korea Party lawmakers following the 28 June Constitutional Court ruling which were far more punitive in nature than previous bills in particular in terms of the nature of work (i.e. mine removal) and length (i.e. 2 times the length of military service or longer) 

 

A public consultation hearing was held jointly by the MND, MoJ and MMA on 4 October in which possible options for alternative service were presented. In particular, it focused on three aspects: 1) length of service, 2) form of service (whether or not those performing alternative service would be housed on site or be able to commute), and 3) field of service Press reports and communication with advisory committee members indicate that the bill when proposed to the National Assembly will have the following elements that fall of short of international human rights standards and law and are likely to be punitive and discriminatory:

 

1. Length of alternative service set at twice that of military service with on-site shared accommodation; 

2. Service limited to work within correctional facilities; 

3. Evaluation committee for assessment of applications to be established under the Ministry of National

Defense. 

4. Applications for conscientious objection will not be accepted during military service.

 

 

4. Suggested Recommendations

 

• South Korea should introduce forms of alternative service for conscientious objectors that are of a non-combatant or civilian character and not of a punitive nature, and compatible with the reasons for objection as recommended by the UN human rights bodies. 
• Alternative service should be of a comparable length to military service and any additional length must be based on reasonable and objective criteria. The proposal by the Government to set the length at twice that of military service would make this the longest alternative service in the world. At its longest,alternative service should not exceed 1.5 times the length of military service consistent with recommendations from the Human Rights Committee. 
• The decision regarding the recognition of the right of conscientious objection should be taken by an administrative civilian authority entirely separate from the military authorities and its composition should guarantee maximum independence and impartiality. 
• South Korea should introduce various forms of alternative service for conscientious objectors which are compatible with the reasons for conscientious objection as recommended by the Commission on Human Rights. 
• Recognizing that a conscientious objection can arise at any time including before, during and after military service, if there is no complete exemption, the authorities should make alternative service accessible to all those with a genuine objection at any time including during military service.

 

5. Contact Details

 

• Tom Rainey-Smith, Campaigns Team, Amnesty International Korea / Email: [email protected] Phone: +82-10-6379-2273
• Yong-Suk Lee, Conscientious Objection Team, World Without War / Email: [email protected] Phone: +82-10-2878-0851

<유엔 종교·신념의 자유, 표현의 자유 특별보고관에게 전달한 한국 시민사회단체 서한>

<유엔 종교·신념의 자유, 표현의 자유 특별보고관이 한국 정부에 전달한 양심적 병역거부에 대한 서한>

더 인권적인 양심적 병역거부 대체복무제 도입 촉구 행동

인권을 더하는 대체복무제 도입 ACTION

국방부가 양심적 병역거부 대체복무제안(案)을 곧 발표할 예정입니다. 

알려진바로는 복무기간이 현역의 2배(=36개월), 복무영역은 교정시설로 단일화,

심사기관도 국방부 산하로 두는 안이 유력하다고 합니다. 

그러나 양심적 병역거부 대체복무제도는 또 하나의 사회복무제도일뿐, 처벌을 위한 제도가 되어서는 안됩니다. 

이에 국방부가 안을 발표하기 전까지, 보다 인권적이고 국제 기준에 부합하는

양심적 병역거부 대체복무제를 만들도록 촉구하는 전화 행동을 진행합니다. 

국방부에 전화해주세요. 카드뉴스와 동영상을 널리 알려주세요. 

* 타일에서 영상/이미지로 보기

#0. 인권을 더하는 대체복무제 도입 ACTION

#1. 헌법재판소 "양심적 병역거부 대체복무제 도입해야" - 2018.6.28

#2. 감옥에 갇혔던 양심적 병역거부자들이

#3. 사회를 위한 일을 할 수 있게 된 것

#4. 하지만 국방부가 만들고 있는 대체복무제안(案)은 

#5. 현역 복무기간 2배(=36개월)

교정시설 업무만 가능

심사기구 국방부 산하

#6. 2007년 국방부안(案) 보다 후퇴한 것

#7. 양심적 병역거부 대체복무제 = 새로운 사회복무제도 

처벌이 되어서는 안됩니다

#8. 국제 사회는 기간이

현역 1.5배 이상이면

징벌적이라 판단

#9. 더구나 우리 군 복무 기간은 

징병제 국가 중 최고 수준

#10. 대체복무는 

"징벌적 성격이 아닌 것이어야 한다"

- 유엔 인권위원회 결의

#11. 교정업무도 OK! 

다만, 소방, 복지 등 

사회적 필요 분야로 확대

#12. 심사와 관할은 

군으로부터 

독립된 기구에서

#13. "대체복무는 

군 관할 지역 밖의 것이고 

군 지휘 하에 있지 않아야"

- 유엔 자유권규약위원회

#14. 군 복무자, 병역거부자 

모두가 소중한 젊은이들

더 이상 불행 경쟁은 NO!

#15. 모두에게 

좋은 

대체복무제가 필요해요

#16. "양심적 병역거부 

국제 인권 원칙에 따른 

기준과 대안 제시"

- 문재인 대통령

#17. 처벌보다는 

인권적 대체복무제가 

병역거부자의 권리를 보장하고, 

군 복무 여건을 개선할 수 있습니다!

#18. 인권을 더하는 

대체복무제 도입 

ACTION

#19. 인권적인 대체복무제를 

도입하도록 

국방부에 전화해주세요!

#20. 국방부 인력정책과 

02-748-5130

대표전화 02-748-1111