Legal framework on freedom of religion and actual application
The Constitution of the Republic of Korea (South Korea), promulgated in 1948 and revised in 1987, guarantees freedom of conscience (Article 19) and freedom of religion (Article 20) for all citizens. It stipulates that there shall be no discrimination in political, economic, social, or cultural life on account of religion. There is no recognised state religion and Article 20 officially upholds the principle of the separation of Church and state.
Constitutional freedoms may only be restricted by law when necessary for national security, law and order, or public welfare, and any restriction must not violate the “essential aspect” of freedom (Article 37, 2).
The law does not require religious groups to register; from an organisational point of view they are completely autonomous able to register as legal persons with permission from local authorities. Registration papers certifying the status of a religious group may vary depending on local bylaws.
To be recognised, religious groups with assets valued at over 300 million won (US$260,000) must publish their internal regulations, define their purpose, describe their activities, release the minutes of their first meeting, and provide a list of their leaders and staff.
Religion cannot be taught in public schools but there is freedom for religious education in private schools. The only religious statutory holidays are Christmas and the Buddha’s birthday.
Under South Korean law, all able-bodied South Korean males were required to perform military service between the ages of 20 and 30, for 21 to 24 months depending on the service, with no exemption for conscientious objection. This was struck down in 2018 by the Supreme Court and the Constitutional Court, which ruled that an alternative service for conscientious objectors had to be offered. In December 2019, the country’s National Assembly passed legislation outlining an alternative; the new law requires objectors to work for three years in a prison.
According to the 2021 Report on International Religious Freedom by the US State Department, 1,292 alternative service applications were approved, but in three cases Jehovah’s Witnesses were sentenced to 18-month prison terms.
Incidents and developments
On 9 March 2022, Yoon Suk-yeol from the conservative People Power Party was elected president in one of the closest races in South Korean history. In his first speech in office, in May 2022, he stressed the importance of the core value of freedom adding that, “it is ‘paramount’ for South Korea and other countries that share the value of liberal democracy to meet multiple challenges around the world.” He also pledged to “call out” North Korea on its various human rights abuses and violations, noting that ignoring this had not worked in the past.
New figures about the growth of the Catholic Church in South Korea reveal that the size of its membership has stabilised at around 11.3 percent of the population. Baptisms and vocations are going down, while the average age of the faithful is going up. In previous years, the number of members of the Catholic Church had been steadily increasing. Nevertheless, the Korean Catholic Church has over a thousand missionaries across the world.
On 24 November 2022, the Constitutional Court ruled that forcing enlisted soldiers to take part in religious activities is unconstitutional. Despite the court decision, the army insisted that religious faith contributes greatly to the military’s combat power.
In late 2022, the Thai government refused to renew the tourist visas of members of the persecuted “Mayflower Church”. The latter had fled China in 2019 going to South Korea but were denied asylum. As of March 2023, ChinaAid and Freedom Seekers International were still working on getting government permission to resettle the group in the United States, but if that fails then the group may face a forced return to China, which could result in harsh persecution and imprisonment.
Muslims in the city of Daegu have experienced religious intolerance since 2020 when they gained permission to build a mosque. The latest incident occurred in December 2022 when some residents barbecued an entire pig near the mosque construction site which resulted in a clash with Muslim residents, including a Pakistani who was charged with assault.
On 5 and 6 December 2022, an interfaith group, the Korean Religious Peace Conference (KCRP), held a public seminar entitled “Islam: Approaching Peaceful Coexistence and Future” to foster dialogue between Korea’s main religions and Islam, and work towards eradicating Islamophobia in the country. There are an estimated 200,000 Muslims in South Korea.
Prospects for freedom of religion
South Korea is a well-established democracy with constitutional safeguards for freedom of religion or belief. Despite a few contentious issues, the country’s track record on protecting freedom of religion or belief is good. Prospects for the future remain, therefore, positive.
South Korea