Court rulings turning to support alternative service
By Kim Se-jeong
An Jung-hyun, 23, is a Jehovah's Witness on trial for refusing to fulfill his compulsory military service. He was found guilty twice in lower courts, and appealed to the Supreme Court in July. Lawyers told him his chances of winning were low given the highest court's precedents, but he is cautiously hopeful.
This year alone, district courts acquitted nine fellow Jehovah's Witnesses of violations of the Military Law. The most recent ruling came one week ago from the Cheongju District Court which stated, "There are many ways to contribute to the nation without violating a person's basic rights such as social service or alternate work. It is unjust to punish military objectors by criminal law without even making efforts to provide alternatives."
Another hopeful sign comes from Kim Jae-hyung, a Supreme Court justice nominee who recently expressed his support for such objectors and alternative ways to serve the country. His confirmation hearing will begin in September, and if confirmed, he is expected to add a different opinion on the 13-justice court.
Ahn Se-young from Amnesty International Korea also showed cautious optimism.
"These developments certainly reflect growing public support for conscientious objectors," Ahn said.
While the government has claimed that conscientious objectors do not enjoy public support, Amnesty International Korea and Gallup recently conducted a survey in which more than 70 percent of respondents expressed support for conscientious objectors, according to Ahn.
"But, the appeals court and highest court are still conservative," Ahn said. She also doubts Kim will be influential enough to change the opinion of the entire top court.
Kim Dong-in, another Jehovah's Witness, claimed it's time for the Korean government to take a stance.
"If you look at the world, fewer countries refuse to recognize conscious objectors. It will eventually happen in Korea. It's time for Korea to voluntarily recognize them instead of being coerced to do so under pressure," he said.
But those against conscientious objectors claim if they are recognized, many people will abuse the system. "If Jehovah's Witnesses are found not guilty and are allowed alternative services, many young men will join the religious group only to avoid military duty," a blogger said. "There will be no way to sort out whether they are really believers or just misusing the system."
Now, eyes are on the Constitutional Court, which is expected to rule on an appeal by a conscientious objector later this year. Two previous rulings found it unconstitutional to skip military service because of personal beliefs.
Between 1950 and 2011, more than 16,000 conscientious objectors have been imprisoned in Korea, according to Amnesty International Korea. Every year, hundreds of objectors, mostly Jehovah's Witnesses, are put on trial for their rejection of military service based on their beliefs. Those convicted are sentenced to imprisonment for up to 18 months.
"There will be so much I won't be able to do if I have a criminal record," An said. "I am not saying that I will avoid my service to the country altogether. I would like to serve my country, but in a different form."
By Kim Se-jeong
An Jung-hyun, 23, is a Jehovah's Witness on trial for refusing to fulfill his compulsory military service. He was found guilty twice in lower courts, and appealed to the Supreme Court in July. Lawyers told him his chances of winning were low given the highest court's precedents, but he is cautiously hopeful.
This year alone, district courts acquitted nine fellow Jehovah's Witnesses of violations of the Military Law. The most recent ruling came one week ago from the Cheongju District Court which stated, "There are many ways to contribute to the nation without violating a person's basic rights such as social service or alternate work. It is unjust to punish military objectors by criminal law without even making efforts to provide alternatives."
Another hopeful sign comes from Kim Jae-hyung, a Supreme Court justice nominee who recently expressed his support for such objectors and alternative ways to serve the country. His confirmation hearing will begin in September, and if confirmed, he is expected to add a different opinion on the 13-justice court.
Ahn Se-young from Amnesty International Korea also showed cautious optimism.
"These developments certainly reflect growing public support for conscientious objectors," Ahn said.
While the government has claimed that conscientious objectors do not enjoy public support, Amnesty International Korea and Gallup recently conducted a survey in which more than 70 percent of respondents expressed support for conscientious objectors, according to Ahn.
"But, the appeals court and highest court are still conservative," Ahn said. She also doubts Kim will be influential enough to change the opinion of the entire top court.
Kim Dong-in, another Jehovah's Witness, claimed it's time for the Korean government to take a stance.
"If you look at the world, fewer countries refuse to recognize conscious objectors. It will eventually happen in Korea. It's time for Korea to voluntarily recognize them instead of being coerced to do so under pressure," he said.
But those against conscientious objectors claim if they are recognized, many people will abuse the system. "If Jehovah's Witnesses are found not guilty and are allowed alternative services, many young men will join the religious group only to avoid military duty," a blogger said. "There will be no way to sort out whether they are really believers or just misusing the system."
Now, eyes are on the Constitutional Court, which is expected to rule on an appeal by a conscientious objector later this year. Two previous rulings found it unconstitutional to skip military service because of personal beliefs.
Between 1950 and 2011, more than 16,000 conscientious objectors have been imprisoned in Korea, according to Amnesty International Korea. Every year, hundreds of objectors, mostly Jehovah's Witnesses, are put on trial for their rejection of military service based on their beliefs. Those convicted are sentenced to imprisonment for up to 18 months.
"There will be so much I won't be able to do if I have a criminal record," An said. "I am not saying that I will avoid my service to the country altogether. I would like to serve my country, but in a different form."
