Military Manpower Administration pauses dismissal orders after court ruling on conscientious objectors

The Military Manpower Administration has stopped demanding that employers dismiss conscientious objectors after the Constitutional Court ruled that the relevant employment restriction does not comply with the Constitution.

The Han베 Peace Foundation said the Seoul Regional Military Manpower Administration informed it that dismissal action against activist Kim Min-hyung would be put on hold following the court’s Aug. 27 decision on Article 76 of the Military Service Act. The administration told regional offices to notify affected people of the suspension, and said formal notices would follow.

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The suspension means that Kim Min-hyung no longer faces the urgent situation of being pressured to leave his job, which is fortunate.

Kim, 28, declared himself a complete conscientious objector on Feb. 23, the date set for his enlistment. He rejected alternative service as well as military service. The Military Manpower Administration then sent the foundation notices in April and June demanding that it dismiss him and provide proof, warning that failure to do so could lead to prosecution.

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How Article 76 of the Military Service Act will be amended after the Constitutional Court’s decision remains an unresolved issue.

Article 76 bars government bodies and employers from hiring people who evade conscription or military call-up, and requires them to dismiss employees already in service. Employers who violate the provision face up to six months in prison or fines ranging from 2 million to 20 million won. Critics have long said the provision imposes excessive hardship on conscientious objectors. The National Human Rights Commission had also recommended twice that the government and National Assembly amend the law.

Han베 Peace Foundation executive director Koo Soo-jung said the suspension spared Kim the immediate pressure of dismissal, but added that the next question was how Article 76 would be revised after the Constitutional Court decision. The foundation wants the change to move beyond a temporary pause and provide real protection for conscientious objectors’ freedom of occupation and labor rights.

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We hope this measure will not stop at simply postponing dismissal, but will improve the system to genuinely guarantee conscientious objectors’ freedom of occupation and labor rights.