Surrender specifically is a combatant concept (defecting and espionage are not), non-combatants don’t surrender under military law, they migrate or seek asylum. E.g. to surrender you must be a combatant in this case an active service member.
Universal conscription doesn’t mean what you seem to think it means. It’s simply a mandatory service term, not permanent combatant status. Much like in the ROK, Thailand, etc., eligible citizens serve a set period then return to civilian life, they aren’t subject to surrender laws before or after their term.
I understand this but am not familiar with the specifics. In Israel, for example, I know people remain on reserve duty long past their conscription period.
This isn’t relevant anyway the fact is the laws you posted are seemingly entirely normal laws that are common around the world, and you were wrong that they aren’t allowed to travel abroad by the government.
No reserves are not active combatants unless called upon just like in every country that has reservese (I can’t think of one that doesn’t). And even if it did the law itself as written is perfectly inline with international norms the fact they have universal conscription or a possible large reserve force doesn’t change that.
It looks like North Korean citizens enter service for ten years, and stay in reserve for another 30. Presumably we agree that this law prevents them from seeking asylum in South Korea until at least the end of that ten year period, which is pretty restrictive. I don’t see any reason to believe it wouldn’t also continue into the reserve period or even after, especially since the law is written as a law applying to “citizens” assuming the translation is correct.
I don’t see any reason to believe it wouldn’t also continue into the reserve period or even after
Because surrender has a specific meaning that requires the person in question be an active combatant. The law applies to citizens as it cover this but also espionage and defection which do not require this caveat.
Surrender specifically is a combatant concept (defecting and espionage are not), non-combatants don’t surrender under military law, they migrate or seek asylum. E.g. to surrender you must be a combatant in this case an active service member.
Sure, but in a country with universal conscription I’m not sure that’s exclusive to the military context.
Universal conscription doesn’t mean what you seem to think it means. It’s simply a mandatory service term, not permanent combatant status. Much like in the ROK, Thailand, etc., eligible citizens serve a set period then return to civilian life, they aren’t subject to surrender laws before or after their term.
I understand this but am not familiar with the specifics. In Israel, for example, I know people remain on reserve duty long past their conscription period.
This isn’t relevant anyway the fact is the laws you posted are seemingly entirely normal laws that are common around the world, and you were wrong that they aren’t allowed to travel abroad by the government.
How is that not relevant? If people are I’m reserve services presumably this law would apply to them.
No reserves are not active combatants unless called upon just like in every country that has reservese (I can’t think of one that doesn’t). And even if it did the law itself as written is perfectly inline with international norms the fact they have universal conscription or a possible large reserve force doesn’t change that.
It looks like North Korean citizens enter service for ten years, and stay in reserve for another 30. Presumably we agree that this law prevents them from seeking asylum in South Korea until at least the end of that ten year period, which is pretty restrictive. I don’t see any reason to believe it wouldn’t also continue into the reserve period or even after, especially since the law is written as a law applying to “citizens” assuming the translation is correct.
Because surrender has a specific meaning that requires the person in question be an active combatant. The law applies to citizens as it cover this but also espionage and defection which do not require this caveat.