By Lee Suh-yoon
Controversy is brewing over how to verify the "sincerity" of conscientious objectors, after a landmark Supreme Court ruling Thursday recognized religious beliefs as a justifiable reason for refusing mandatory military service.
Chief Justice Kim Myeong-su said in the verdict that the prosecution and the court would assess conscientious objector's claims by looking at "his family, childhood development, school life and other social experiences."
The court said that in a case, the accused would present materials that can prove his conscientious objection and the prosecution and the court will determine the sincerity.
Four justices, who disagreed with the 13-member bench's majority ruling, expressed concerns over the difficulty in distinguishing a person's true beliefs as opposed to someone pretending to have those beliefs.
"Whether one's expressed conscience is true cannot be proven in a criminal court trial," Justice Lee Ki-taik told the courtroom.
Justice Park Sang-ok also echoed Lee's point, saying justifiable reasons for refusing military conscription have to be "consistent and objective, such as a medical condition."
"Subjective circumstances like religion or values are not a justifiable reason for refusing military service," he said.
While most conscientious objectors here are Jehovah's Witness followers, some also doubt how the prosecution or the court can distinguish the sincerity of a person's belief if they do not belong to that specific religion, and refuse military service by claiming their own belief in pacifism.
According to a 2016 survey by Amnesty Korea, around 70 percent of Koreans said they "cannot understand" conscientious objectors. Thursday's ruling unleashed a new onslaught of criticism against them.
At the forefront are conservative groups and politicians, who immediately issued statements citing fears of national security. They claim conscientious objection would become an exploited loophole, leading to a lack of military personnel for the country, still technically at war with North Korea.
"If everyone refuses to serve in the military now, who will protect this country?" Rep. Kim Jin-tae from the opposition Liberty Korea Party (LKP) tweeted Friday.
Rights activists and human rights lawyers say such criticism is groundless, citing examples of other countries such as Norway where recognizing conscientious objection did not lead to an increase in objectors.
The issue of fairness was also tossed around, with social media flooded with comments.
"Is the court saying the people who just suck it up and serve in the military do so because they don't have a conscience?" one user said.
The fairness issue is a sensitive one, especially for men who have already finished their military duty. The reaction is not surprising, considering how mandatory military service exposes young men to human rights abuses in a strict authoritarian hierarchy, leaving a painful imprint.
On an order from the Constitutional Court in June, the government is developing plans for alternative civilian service options and plans to announce these next week.
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