Draft of men does not violate gender equality, says court

By Park Si-soo

Should women also be drafted for military service as men are, in support of gender equality? The Constitutional Court said: No!

South Korea’s law mandating only able-bodied men aged over 18 to serve in the military for nearly two years does not infringe upon the constitutional rights of gender equality and is therefore justifiable, the top court of the country ruled Thursday.

The decision maintains the current conscription policy that the military service is optional for women.

Lee Kang-kook, president of the Constitutional Court, said the physical strength of men is superior to women, which constitutes the legal ground for men’s conscription.

“In order for the military to maintain the best military strength, conscripting able-bodied men is not considered a violation of gender equality,” Lee said.

The dispute began after a 30-year-old man, whose identity was withheld, cast doubt over the constitutionality of Article 3 and 8 of the Military Service Law in March 2006 by filing a petition with the Constitutional Court.

He completed his military service as a member of Korean Augmentation Troops to the United States Army (KATUSA).

In the petition, he claimed the law had infringed his constitutional rights in gender equality, citing Article 11 of the Constitution that “all citizens are equal” before the law and there may be no discrimination in political, economic, social or cultural life on account of sex, religion or social status.

He demanded women be part of the military forces, citing Article 39 of the Constitution stipulating, “All citizens have the duty of national defense” under the conditions as prescribed by law.