Judges face dilemma over objection

Oh Du-jin, lawyer

By Kang Hyun-kyung

Students at law school are taught that the state needs to make alternative service available for conscientious objectors.

In reality, however, judges are forced to rule against them and order them to serve a jail term as there is no legal framework for alternative service.

A conscientious objector said he felt that a judge appeared to be very sorry for ruling against him in 2011.

“The judge said he was sorry for sentencing me to a one-year-and-six months jail term and that he was convinced that I didn’t attempt to dodge military service,” Choi Jin-gyu, 26, said during a roundtable interview with The Korea Times Wednesday.

“But the judge said he had to rule against me as there was no legislation that allowed people like me to do alternative service. He then asked me if I would appeal. As I said yes, the judge said he would allow me to take the legal procedure without detention.”

Choi, who is now preparing his appeal, said he felt that his judge was favorable towards him.

Lawyer Oh Du-jin said the judge’s remarks to Choi reflect that he was feeling mounting pressure for a lack of legislation allowing alternative service. The lawyer called this a “judge’s dilemma.”

“Law students who went to college in the 1990s or later were taught at school that the state must allow conscientious objectors to take alternative service,” Oh said. “If the state fails to do so, we learned that it deserves criticism for a violation of basic human rights.”

The lawyer said the sentence of 18 months in prison, which conscientious objectors usually receive, is very heavy for those who have no previous criminal record.

“Only felons deserve such a heavy penalty. Judges make such a ruling only when they are convinced that the accused is found guilty of a serious crime so they feel that he or she has to be put behind the bars,” said Oh.

“But this is not the case for conscientious objectors. This makes judges feel extreme pressure when they sentence someone to 18 months in jail. I was told that they rarely sleep at night when they make such rulings.”

Choi Jin-taek, who was released after serving a jail term for his conscience objection to military service, said as a Jehovah’s Witness he had long been prepared to accept the ordeal since he was a child.

“I had no regret about my decision, because I didn’t intend to dodge military service. I was willing to take alternative service if it was available,” the 31-year-old said.

Another conscience objector Ahn Gwang-hyun said that it was regrettable that the government doesn’t allow alternative service for people like him.