By Kim Se-jeong
Courts are making different decisions on conscientious objectors, reflecting mixed public opinion about people who refuse mandatory military service due to religious or other reasons.
The Supreme Court upheld an appeals court's guilty verdict against a Jehovah's Witness, surnamed Ahn, Thursday, who was sentenced to 18 months' jail for refusing to serve in the military.
All men in Korea are required to serve in the military, and those who resist can face a jail term of up to three years. Most conscientious objectors here are Jehovah's Witnesses, who are against bearing firearms.
The top court said the Constitutional Court had ruled that punishing those who refuse military service was not against the Constitution. "Also, conscientious objectors cannot be an exception to the law on military service," it added.
It said international human rights bodies have recommended Korea accept conscientious objections, but such a recommendation is not legally binding.
This was the second time the highest court has ruled against conscientious objectors, following one in 2004. The Constitutional Court also made similar rulings in 2004 and 2011, but is again reviewing the issue following another petition.
Contrary to the top court decision, several district courts have ruled in favor of conscientious objectors this year.
On Aug. 13, the Suwon District Court in Gyeonggi Province found two Jehovah's Witnesses not guilty, saying their decision must be respected because the Constitution guarantees religious freedom.
A day earlier, the Gwangju District Court ruled in favor of a conscientious objector, based on a similar argument.
Amnesty International Korea said the top court's ruling was disappointing.
"Recent rulings by the lower courts gave us the impression that significant improvements in human rights have been made in Korea," group director Kim Hee-jin said. "But we were wrong."
According to statistics, every year almost 600 men serve jail time for their faith instead of doing military service. The number is the highest in the world.
Calls are mounting from activists and international organizations for the Korean government to find alternatives so conscientious objectors can serve the country while respecting their faith. The National Human Rights Commission also recommended in 2005 that the government come up with alternative military service.
Military authorities are opposed to the idea, saying it is hard to verify a person's faith and that it will push up the number of people who lie about their religion to dodge mandatory service.
Courts are making different decisions on conscientious objectors, reflecting mixed public opinion about people who refuse mandatory military service due to religious or other reasons.
The Supreme Court upheld an appeals court's guilty verdict against a Jehovah's Witness, surnamed Ahn, Thursday, who was sentenced to 18 months' jail for refusing to serve in the military.
All men in Korea are required to serve in the military, and those who resist can face a jail term of up to three years. Most conscientious objectors here are Jehovah's Witnesses, who are against bearing firearms.
The top court said the Constitutional Court had ruled that punishing those who refuse military service was not against the Constitution. "Also, conscientious objectors cannot be an exception to the law on military service," it added.
It said international human rights bodies have recommended Korea accept conscientious objections, but such a recommendation is not legally binding.
This was the second time the highest court has ruled against conscientious objectors, following one in 2004. The Constitutional Court also made similar rulings in 2004 and 2011, but is again reviewing the issue following another petition.
Contrary to the top court decision, several district courts have ruled in favor of conscientious objectors this year.
On Aug. 13, the Suwon District Court in Gyeonggi Province found two Jehovah's Witnesses not guilty, saying their decision must be respected because the Constitution guarantees religious freedom.
A day earlier, the Gwangju District Court ruled in favor of a conscientious objector, based on a similar argument.
Amnesty International Korea said the top court's ruling was disappointing.
"Recent rulings by the lower courts gave us the impression that significant improvements in human rights have been made in Korea," group director Kim Hee-jin said. "But we were wrong."
According to statistics, every year almost 600 men serve jail time for their faith instead of doing military service. The number is the highest in the world.
Calls are mounting from activists and international organizations for the Korean government to find alternatives so conscientious objectors can serve the country while respecting their faith. The National Human Rights Commission also recommended in 2005 that the government come up with alternative military service.
Military authorities are opposed to the idea, saying it is hard to verify a person's faith and that it will push up the number of people who lie about their religion to dodge mandatory service.
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