Gay Korean gets refugee status in Canada

By Lee Hyo-sik

A gay Korean who objected to the mandatory military service here won refugee status in Canada about two years ago. The case was brought to light by a local human rights group Thursday.

According to the Center for Military Rights in Korea, the Immigration and Refugee Board of Canada (IRB) recognized Kim Kyung-hwan, 30, as a refugee in July 2009.

The Canadian authorities awarded the refugee status to Kim, as he would likely be mistreated and abused in Korea because he was obliged to serve in the military if he was forced to return home.

It is the first time that a Korean man has won refugee status by another government for rejecting conscription on the grounds of his sexual orientation.

IRB cited a number of cases in which soldiers were physically and mentally abused by fellow soldiers or superiors in the Korean military, adding human rights of homosexuals have frequently been violated in Korea.

Kim filed to seek refugee status in the North American country in 2006. At the time, he was a student of a private university in Seoul and was called upon to complete his military service.

The gay conscript called himself a conscientious objector to Korea’s conscription system, arguing he would be subject to a range of mistreatment because of his sexual orientation and personal beliefs if he were forced to serve as a soldier.

``Many Korean conscripts, particularly homosexuals, have been mistreated and abused. If Kim was sent back home and serve in the military, he would very likely face discrimination against his sexual orientation and beliefs,’’ the civic group quoted IRB as saying. ``Homosexuals are viewed as individuals suffering from mental illnesses and often become victims of hate crimes in Korea. If Kim lived in his home country, it would be hard for him to have a normal life.’’

Under the Military Service Law, all able-bodied South Korean men aged over 19 are required to serve in the military for 21-24 months. Korean courts have sentenced conscription rejecters with prison terms in the past.

Those who refuse conscription without legitimate excuses are sentenced to imprisonment of up to three years. The law does not recognize conscientious objectors, who are mostly Jehovah Witnesses, as reasonable.

About 16,000 Korean men refusing to serve in the military for either religious beliefs or for no apparent reason have been put behind bars. The Constitutional Court and the Supreme Court ruled in 2004 that the conscription law is constitutional.

``The case clearly shows how little the Korean government has done to protect individuals’ freedom of conscience and religion guaranteed under the Constitution,’’ said Lim Tae-hoon, director of the Center for Military Rights in Korea. ``If South Korea does not change its policies toward conscientious military objectors, many more young Korean men will flee and seek shelter in other countries, which will negatively affect Korea’s international image.’’

Lim was also put behind bars in 2004 after refusing to serve in the military, citing prevalent discrimination against homosexuals in the nation’s armed forces.

The director stressed that the United Nations and other international human rights organizations have demanded the Korean government introduce alternative military service programs for conscientious objectors.

But Korea has not taken any action, he said. “In light of this case, it is time for the legislative, judicial and the administrative branches of the Korean government to take concrete steps to protect human rights of homosexuals and other minority groups,’’ the director said.

In 2007, the defense ministry studied a range of alternative schemes for conscientious objectors. But it withdrew the idea the following year after facing unfavorable public sentiment.