A Revision of South Korea’s Mandatory Conscription Law is “Yet to Come” But Inevitable

On the 17th of October, 2022, news broke which shattered the hearts of millions worldwide: HYBE Studios[1]  announced that the members of the internationally famous Korean pop band BTS[2] (방탄소년단) would be enlisting in the South Korean army. Prior to this statement, much debate existed amongst BTS fans, the public, and even Korean politicians in regards to whether the members would enlist, as mandated by South Korea’s ‘Military Service Act’(병역법). This act was enacted due to the nation’s ongoing war with North Korea—since only an armistice for peace was signed in 1953 and tensions still remain between the two countries. The Act was designed to apply to all able bodied male South Korean citizens who are at least 18 years old, and they are able to postpone their enlistment until they reach 28[3]. However, uncertainty arose as a consequence of the colloquially termed ‘BTS Law’ established in 2018, which allowed male Korean music artists to delay their enlistment if they make certain national contributions as a result of their art. As such, many ARMYs—the name given to BTS fans— hoped for another revisal of the conscription law as the end of the deferment period approached to fully exempt BTS from service (a hope that held some weight, as BTS has made significant contributions to South Korea; in fact, they annually contribute five billion dollars—approximately 0.5% of the country’s economy—to the South Korean economy[4]). However, after HYBE Studios’ announcement, reality became clear, tears were shed, and South Korea’s economy was projected to decrease[5]. The uncertainty surrounding BTS’s conscription illuminated the fact that with the many recent changes to South Korea’s conscription laws—such as the ‘BTS law’—the original makeup of the Military Service Act is disappearing, suggesting that it will undergo a complete change in the near future.

Historically, the Military Service Act has played an important role in national security and nation building[6]. The South Korean government weaponized nationalistic rhetoric by emphasizing the persistent North Korean threat as a way to rally conscripted soldiers and promote acceptance of the mandated service. By playing up this supposed Northern threat, pro-conscription propaganda circulated the message that mandated service is key to protecting the country, turning those who fear war and North Korea’s power into supporters of the Act. However, the recent lull in conflict between the two countries, along with changing economic and social climates, has diminished this fear and sense of nationalistic pride in the face of North Korea that had initially solidified the influence and necessity of the Military Service Act. Now, in place of these fears, contempt for the law is rising.

Mandatory military service has received more opposition from South Koreans as a result of the new economic sphere[7] and several exposed controversies about the service. South Korea’s Constitution established the service mandate in 1947[8]; however, gender roles have vastly developed since then. In fact, women’s rights in work and equality of education were not guaranteed by the Constitution until the following year[9]. Fittingly, roles that women are able to occupy in contemporary South Korean society have improved and increased greatly as compared to the mid-1900s. Therefore, as opposed to the female economic disempowerment that existed more notably half a decade ago, there are now many arguments being made against the mandated service law as it unfairly provides women with an economic advantage that is not afforded to men[10]. Forced conscription means that men have to put their academic and career paths on hold for eighteen months, and since women are not obliged to serve, they gain an economic advantage by serving in the career field for a longer, uninterrupted period. Thus, inequality of opportunity is once again introduced into South Korean society, which can only be solved by either forcing women into the draft or ridding the country of the conscription law altogether

Furthermore, more points of contempt have risen in regards to the service—a major point being the hazing and bullying that exists amongst military recruits. The victims of this bullying are subjected to harsh treatment for 18 months of their lives, and they may not be able to escape it as they must completely serve their military tenure. High suicide rates in South Korea—which majorly contributes to country’s death rate—are partly a result of this military bullying. Moreover, another source of dissatisfaction amongst the public is that celebrities have easier service requirements[11]. Alternatively, these celebrities can also be harmed by this mandatory conscription—some groups will have to lose members to the draft at the peak of their fame, and when they return back to the industry, they may be unable to keep up with newer trends and have to struggle to reinvent themselves to fit into the new entertainment industry. It is disorienting for these artists and for their devoted fans who are upset by their idols leaving for nearly two years. These problems, alongside corruption and numerous other issues, have led to the high levels of discontent amongst the South Korean population surrounding conscription.

On the other hand, there is still a large portion of the South Korean public that is in favor of service being mandatory. In accordance with the findings from a 2021 Gallup Korea poll, 43% of those surveyed were willing to switch to a voluntary service system and 42% were content with remaining as is (the rest were unwilling to respond)[12]. Supposedly, there is not a significant difference between those who want to revise this law and those who want to keep with tradition; however, it is important to note a potential reason behind the support for the mandatory service. As per South Korean law, refusal and objection to answer the draft results in only one alternative: working in the country’s prison system. The prison alernative entails working menial prison jobs, living in the prisons, and serving 36 months—twice as long as the regular service time[13]. This alternative manipulates public view of mandatory service, by painting it in an inevitably better light, explaining why a large portion of South Korea is still in favor of the draft.

Those in favor of the draft are plentiful, but those who oppose it are making their voices heard on a wide scale, pressuring government officials to acknowledge the dissent and find ways to revise it. One official who spoke up was Park Yong-jin, a member of the Democratic Party who proposed a revision which would mandate basic training for 100 days for both men and women. Yong-jin also suggested adopting a new system of voluntary military service[14]. For this to happen, however, either the South Korean president or a simple majority of the National Assembly is necessary to introduce an amendment. After this introduction, the amendment will then require a two-thirds majority vote of the National Assembly members — if this vote succeeds, the government can place this amendment on the national referendum. Finally, the amendment must have a majority vote of at least one-half of the electorate who are able to vote in elections. Only following this process can the Constitution and the mandatory conscription law be amended.

Though seemingly long and difficult, this amendment process is not impossible, as seen through the introduction of speciality exceptions made to certain members of South Korean society—like the ‘BTS Law’. The government recognized BTS’s domestic and international significance when they revised the Constitutional doctrine for the band in 2018. Since then, their fame has only expanded and their fanbase has surged. With the announcement of their enlistment in 2022 and the subsequent discontent, tens of millions of ARMYs across the world are joining the South Korean public in their opposition against this outdated law. The law must change with society—that is the only way for it to accurately be applied. Both South Korean society and tensions with North Korea have changed in the past seventy years, thus the law is long overdue to also be revised. It is imperative, and seemingly inevitable, that the South Korean government listen to its dissenting majority and abolish its mandatory conscription law.

References

[1] The entertainment company BTS belongs to.

[2] BTS is composed of (in descending age order) members Kim Seokjin (30), Min Yoongi (30), Jung Hoseok (29), Kim Namjoon (28), Park Jimin (27), Kim Taehyung (27), and Jeon Jungkook (25).

[3] “Military Service Act,” Statutes of the Republic of Korea, accessed March 27, 2023, https://elaw.klri.re.kr/eng_service/lawView.do?hseq=43278&lang=ENG.

[4] Stacey Vanek Smith, “How BTS Is Adding an Estimated $5 Billion to the South Korean Economy a Year,” NPR (NPR, August 6, 2021), https://www.npr.org/2021/08/06/1025551697/how-bts-is-adding-an-estimated-5-billion-to-the-south-korean-economy-a-year.

[5] Britney Nguyen, “South Korea's Move to Force BTS to Join the Military Will Cause It to Lose out on Billions in Lost Tourism, Merchandise, and Cosmetics,” Business Insider (Business Insider), accessed March 27, 2023, https://www.businessinsider.com/bts-conscription-military-service-south-korea-cost-billions-tourism-goods-2022-10.

[6]Jeffrey Robertson et al., “Debating South Korea's Mandatory Military Service,” Lowy Institute, August 11, 2020, https://www.lowyinstitute.org/the-interpreter/debating-south-korea-s-mandatory-military-service.

[7] This sphere is created by the inequality of opportunity afforded to both genders as a result of only male citizens being required to serve.

[8] Elin Hofverberg, “FALQs: The Conscription System of South Korea: In Custodia Legis,” The Library of Congress, December 29, 2022, https://blogs.loc.gov/law/2022/12/falqs-the-conscription-system-of-south-korea/#:~:text=All%20South%20Korean%20men%20must,17%2C%201948%2C%20art.

[9] “Women's Role in Contemporary Korea,” Asia Society, accessed March 27, 2023, https://asiasociety.org/education/womens-role-contemporary-korea#:~:text=With%20the%20establishment%20of%20the,%2C%20work%2C%20and%20public%20life.

[10] Bryan Pietsch and Min Joo Kim, “BTS's Jin Enlists: What to Know about S. Korea's Mandatory Military Service,” The Washington Post (WP Company, December 12, 2022), https://www.washingtonpost.com/world/2022/12/12/south-korea-military-service-rules-bts-jin/.

[11] Olivia Wenholz (on secondment), “Debating South Korea's Mandatory Military Service,” Coral Bell School of Asia Pacific Affairs (The Australian National University, September 26, 2018), https://bellschool.anu.edu.au/news-events/news/6391/debating-south-koreas-mandatory-military-service.

[12] 김나영 , “Support Growing for Volunteer Military System over Draft: Survey,” Yonhap News Agency (김나영, May 30, 2021), https://en.yna.co.kr/view/AEN20210528007900315.

[13] Chad de Guzman, “Inside South Korea's Harsh Alternative to Conscription,” Time (Time, September 2, 2022), https://time.com/6208211/south-korea-military-service-draft-conscription-conscientious-objector/.

[14] “Disaffected young men call for gender equality in conscription,” The Korea Herald, accessed March 27, 2023, https://www.koreaherald.com/view.php?ud=20210428000697.