Constitutional Court backs punishing conscientious objectors to military service
In August 2014, South Korean enlisted soldiers attend a lesson on human rights as mandated by then-defense minister Han Min-koo. The special directive was sent to all regiments and ranks across the country. Korea Times file
The Constitutional Court ruled Thursday it is not against the highest law to criminally punish conscientious objectors to military service, in line with its two previous rulings over the highly disputed issue.
The nine-judge panel, led by Chief Justice Lee Jin-sung, delivered the decision by four votes to four. One judge rejected making a judgment for procedural reasons.
Thursday's decision marks the third of its kind handed down by the Constitutional Court. In two previous adjudications in 2004 and 2011, it upheld the state's argument that holding objectors criminally accountable for violating the Military Service Act was constitutional.
The court, however, found that not allowing alternative measures for military service objectors does not conform to the Constitution.
Conscientious objectors in South Korea have long drawn a heated debate as to whether their claims for the right to refuse to perform military service should be tolerated in a country where national security remains an important issue amid tension with North Korea.
All able-bodied South Korean men are required to serve around two years in the military.
Current law stipulates that refusing to be drafted without due reason is punishable by a prison term of up to three years. Since the 1950s, about 19,000 conscript candidates have been arrested and served time, mostly 18 months in jail, for not complying with the law.
The court ruled in previous cases in favor of the state, citing that fulfilling one's military obligations overrides freedom of conscience given the unique security situation on the Korean Peninsula.
Cases related to conscientious objectors in Korea have resulted in mixed rulings in lower and appellate courts. Defendants in a total of 83 cases since 2004 were found innocent by two lower courts, but they were all overturned and convicted by the top court.
The Supreme Court also has pending cases regarding conscientious objectors. It recently announced that it referred them to the full bench, and the court will hold a public hearing in late August before reaching a decision. (Yonhap)