Yi Whan-woo is a Korea Times journalist primarily covering finance. He writes in-depth articles on macroeconomy and financial markets and previously covered sports, politics, diplomacy and inter-Korean affairs, among others. Feel free to contact him at yistory@koreatimes.co.kr.
Law against conscientious objectors to be reviewed
By Yi Whan-woo
A district court asked the Constitutional Court Thursday to rule on a law that imposes punishment on conscientious objectors.
The Seoul Northern District Court said it may infringe on the human rights of men who oppose serving compulsory military service due to religious beliefs and other reasons.
All able-bodied Korean males are subject to conscription aged 18 and above. If they refuse their call-up orders and fail to provide convincing reasons for doing so, they can be sentenced to up to three years imprisonment. As of November last year, some 17,000 men including Jehovah’s Witnesses were jailed for refusing to do their military service.
This is the eighth time since 2002 that a court has questioned the conscription law. While cases in the past centered on possible violations of freedom of conscience, the one filed Thursday focuses on infringements on people’s dignity.
The case involves a 24-year-old man, surnamed Kang, who has been on trial since August 2011. He disobeyed orders from the Military Manpower Administration to join the Army. Kang’s elder brother made the same decision and served a prison term.
Judge Kang Young-hoon said the conscription act conflicts with the constitutional law that guarantees people’s dignity.
“It’s evident that the country infringes on the basic rights of those who refuse to go to the military because of their religious faith by persecuting them,” the judge said. “One can easily imagine they will continue to suffer in everyday living even after they complete their prison terms.”