South Korea’s court on Wednesday dismissed the petition of a man challenging the constitutionality of the Nationality Act, which mandates military service before renunciation of South Korean citizenship.
The man, who holds dual citizenship because he was born in the United States to South Korean parents, claimed that South Korea’s definition of intent to obtain permanent resident status was “ambiguous.”
The Constitutional Court rejected his claim and ruled that the provision was necessary to prevent men with dual citizenship from escaping military duty by relinquishing their South Korean citizenship.
“Without the Nationality Act, there would be no way to impose a duty to fulfill military service when a man renounces his South Korean citizenship on the pretext of his birth in a foreign country,” the court said.
Military service is hugely contentious in South Korea where all able-bodied men aged between 18 and 28 are meant to serve for about two years as part of efforts to defend against a hostile North Korea.
Over the years particular categories of men have won exemptions—either allowed to put off service for a certain time or allowed to do shorter service—including men who win a medal at the Olympics, classical musicians, and dancers who win a top prize at certain competitions.
Taiwan Extends Conscription
Meanwhile, Taiwan announced last year that it will extend compulsory military service from four months to one year beginning in 2024 owing to the rising threat the democratically governed island faces from China.The move comes as China ramps up military, diplomatic, and economic pressure on Taiwan to assert its sovereignty claims, including almost daily Chinese air force missions near the island over the past three years.
Even after the extension, however, the period of service will still be shorter than the 18 months mandated in South Korea, which faces a hostile and nuclear-armed North Korea.
Taiwanese President Tsai Ing-wen said that Taiwan wanted peace but needed to be able to defend itself.
“As long as Taiwan is strong enough, it will be the home of democracy and freedom all over the world, and it will not become a battlefield,” Tsai told reporters announcing the decision to extend the conscription period, which she described as “incredibly difficult.”
The current military system, including training reservists, is inefficient and insufficient to cope with China’s rising military threat, especially if it launched a rapid attack on the island, she added.
“Taiwan wants to tell the world that between democracy and dictatorship, we firmly believe in democracy. Between war and peace, we insist on peace. Let us show the courage and determination to protect our homeland and defend democracy,” Tsai said.
Conscripts will undergo more intense training, including shooting exercises, combat instruction used by U.S. forces, and operating more powerful weapons including Stinger anti-aircraft missiles and anti-tank missiles, she added.
Taiwan has been a self-governing democracy since the Chinese civil war ended in 1949. Still, the Chinese Communist Party views Taiwan as a breakaway province that must be united with mainland China by any means necessary.
