'Punishing conscientious objectors constitutional'
Judges deliver a ruling on the constitutionality of criminal punishment for conscientious objectors, at the Constitutional Court in Seoul, Thursday. Yonhap
By Lee Kyung-min
The Constitutional Court ruled that a law criminally punishing conscientious objectors who refuse military service on religious grounds was constitutional Thursday. However, the court found unconstitutional a separate law that fails to institute measures for alternative public services for such people. It recommended legislative efforts by the end of next year to expand the scope of military activities for those seeking to fulfill their duties under “non-violent scenarios.” Otherwise, the law at issue will be rendered null and void starting Jan. 1, 2020. No such recommendation was made for the law that sentences those who fail to respond within three days to a military draft order, without a due legally recognized reason, to three years in prison.
The nine judges recognized the need to retain criminal punishment to guarantee full and effective implementation of the law to impose equal duty following equal resources procurement. “Criminal punishment is the due course of action to protect the law that was put in place to ensure fairness among able-bodied men subject to military duty,” the court said.
However, the court said uniformly imposed punishment of objectors, despite their willingness to serve the public by other means, infringes upon the freedom of thought, conscience and religion. “A necessary revision to the status quo should follow to protect constitutional rights.”
The judges said prompt measures should be instituted to allow alternative service, adding stringent screening procedures will discern bona fide religious grounds from those simply seeking to avoid military service. “The number of conscientious objectors is not statistically significant to pose a threat to maintaining defense readiness. Objective and fair prior screening followed by measures varying in length or difficulty of service will prevent fraudulent ulterior motives based on malicious intent to dodge the service altogether,” it said.
The ruling, the fourth in the past decade to confirm criminal punishment for objectors, is considered a step forward as it recognized the need for the government to protect the individual right to freedom of social minorities. Conscientious objectors have long claimed the law was prejudicial to include them with others who do not have religious grounds for refusing to serve in the military. They say they do not attempt or wish to evade mandatory military duty altogether, adding they are willing to serve in other forms of mandatory service in the public or private sectors.