Constitutional Court Rules Military Service Mandatory Only For Men

Article from Yonhap News:

“Constitutional Court Unanimously Rules Military Service Mandatory Only for Men”

On March 11, 2014, the Constitutional Court reaffirmed the constitutionality of the military draft law imposing mandatory military service only on able-bodied men.

The verdict came after 22 year-old Lim, who received a draft notice in 2011, filed a petition to review the constitutionality of Article 3.1 of the Military Draft Act. Judges unanimously ruled that the current law is congruous with the constitution.

Article 3.1 of the Military Draft Act states that according to the constitution and the Military Draft Act, men must faithfully serve obligatory military service as citizens of the Republic of Korea.

Photo of the inside of the Constitutional Court

In its ruling, the court said, “Men are more physically fit for combat. Although there are women with comparable physical ability, physiological conditions including pregnancy and childbirth can hinder them during training sessions and combat support missions. Therefore, the military draft law that applies only to men cannot be judged as arbitrary.”

In bolstering its decision, the judges said in the verdict, “Of about 70 countries which maintain conscription systems, only a few countries including Israel, impose military service on both men and women. If women are required to serve in the military, crimes such as sexual harassment, abuse of the line of command, disruption of the power relationship, and lax discipline could occur in military units, which have been organized around men.”

Two petitions were previously filed with the constitutional court in October 2010 and June 2011 to challenge the validity of the military draft law. The court ruled in both cases that the article in question complied with the constitution.

While two judges in the 2010 petition and one judge in the 2011 petition ruled the law unconstitutional, this time the court ruled unanimously on the constitutionality of the law.

In the 2011 petition, Lim claimed that the current law is discriminatory by imposing compulsory military service only on men. He stated that having to complete two years of military service puts men at a disadvantage as they lag behind women in preparing themselves for employment at an important juncture of life, and that women are physically strong enough to complete military service.

military training

Comments from Naver:


I think the ruling is the evidence that shows the Ministry of Women is unnecessary. [Referring to the fact that many men feel the Ministry of Gender Equality and Family is steeped in feminism, and is conducting campaigns that show disregard for men, resulting in what many men claim is reverse gender discrimination.]


If so, why are women allowed to volunteer to serve in the military as commissioned or non-commissioned officers?

zetm****: [responding to above]

Women in Israel and Norway have to do their military service. Let’s suppose that Kimchi bitches are so feeble that they can’t serve as soldiers. Then why are they allowed to volunteer to serve as commissioned or non-commissioned officers in the military? If they are considered to be physically incapable, they should be banned from joining the military. This doesn’t make sense whatsoever. Kimchi bitches don’t even pay taxes for national defense like women in countries such as Germany and Taiwan do, nor do they have a high fertility rate. What the hell is going on?

cova****: [responding to duwo****]

Men have to serve in the military. But in an era of gender equality, two years of military service in your 20s takes a great toll on men. I think men who complete their duty should be given respect and certain privileges. Wouldn’t that be true equality?

mone****: [responding to duwo****]

There are many women in the military’s special force units. They undergo some of the harshest training together with their fellow male soldiers. The court said women can’t? Fuck them.

eheh****: [responding to duwo****]

Summing up the Constitutional Court’s ruling in one sentence: Women are inferior to men.

sh41****: [responding to duwo****]

If we follow the court’s logic, female soldiers currently serving in combat units are effectively men, and they are not subject to sexual harassment. What nonsense!


Duty and volunteering are different. For duty, they consider the average abilities of the group while volunteering occurs in exceptional circumstances. As there are some men who are physically unfit and exempted from the military service, it’s wrong to judge things as black-and-white.


Based on this ruling, let’s discharge all female non-commissioned and commissioned officers, and ban them from joining the military. Women are deemed unfit for the military service.


Then all women should be required to have babies by law.

loso****: [responding to above]

That sarcastic comment was first made in this context. Someone asked this woman why all women are exempted from the military service. She responded by saying that women contribute to the nation by having babies. [Putting legal obligation and private life decisions on the same line.]

gkwn****: [responding to haru****]

You don’t have to compare the military service to child birth. Just get women to do two years of community service. Women are useless in the military, so why should we even get them to serve? I doubt they can even shoot a rifle in a real battle.

pmj7****: [responding to haru****]

How can you compare military service to pregnancy? Do you think women get pregnant by themselves? And the low fertility rate should be blamed solely on women? Women become pregnant after mutual consent with their husbands. Those in their 20s who are still wet behind their ears, shut up.

ybk2****: [responding to haru****]

If the court’s verdict is justified, can it be interpreted as saying it’s not unfair when women are discriminated against in the workplace for being unsuitable for social activities due to physical conditions?


The answer to this situation is immigration…

kmac****: [responding to above]

I completed my military service. I am ready for your advice as to which country I should immigrate to.

kill****: [responding to muse****]

When I graduate from school, I want to get a job at a foreign company even if it is a small firm, and to live in a foreign country. I am serious about it. I’m tired of dealing with Kimchi bitches. I feel so ashamed to be born in this trashy Republic of Korea where being a man gets you penalties. If I make it big, I want to help my parents, my elder brother’s families immigrate. This country should collapse for real.

bkm1****: [responding to muse****]

Leave this country quickly. The Republic of Korea doesn’t need a bastard who hates working for the country and always whines.


I wonder whether the judges at the constitutional court finished their military service.


I heard many women have been at the top of their Reserve Officers’ Training Corps (ROTC). How should we view this in the context of the verdict?

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