South Korea’s defense ministry has come out in support of a proposed amendment that would give service members the explicit right to refuse illegal orders.
In a report to a parliamentary subcommittee on Tuesday, the ministry endorsed revisions to the Framework Act on Military Status and Service, clarifying that troops must obey only “lawful” commands, and may reject those that are “clearly illegal” without facing disciplinary harm.
The proposal—drafted by ten ruling Democratic Party and allied lawmakers in response to the December 3 martial law crisis—also seeks to strengthen commanders’ legal obligations by requiring that orders comply with the Constitution and relevant laws.
The ministry further recommended a new provision requiring systematic constitutional education for all service members, arguing it would help prevent confusion and guide proper responses to unlawful directives.
Opposition lawmakers pushed back, warning that forcing troops to judge the legality of orders in real time could undermine command cohesion in wartime.
After heated exchanges that led some members to walk out, debate on the amendment was postponed until Wednesday.