By Choi Ha-young
A high court overturned a guilty verdict against conscientious objectors for violating the Military Conscription Law, Tuesday.
This is the first time for an appeals court to rule in favor of conscientious objectors, while lower courts have given mixed rulings in multiple cases. The ruling is likely to ignite debate about alternative services in Korea, where all able-bodied men are required to serve for 21 to 24 months, depending on which branch of the military they are assigned to.
The Gwangju District High Court returned the non-guilty judgment on the three who were indicted for rejecting military duty due to religious reasons, dismissing a prosecution appeal. Earlier, two of them had been sentenced to 18 months in jail by lower courts, while the other was acquitted.
“Considering their family background, it seems they refused military duty according to their religious beliefs and consciences,” the court said. “Religious belief and personal conscience are rights guaranteed by the Constitution, and cannot be subject to criminal punishment.”
The court separated conscientious objections from evasion of military service, saying about 600 conscientious objectors will not encourage more evasions.
Citing international trends, it said Korea is also forming a social consensus on the need to adopt alternative service to provide other ways to serve the community. “They do not want to dodge the service but want to fulfill their duty in other ways. The state should pay attention to such minority rights,” the court said.
The Constitutional Court is reviewing the Military Conscription Law which does not recognize conscientious objection. This is the third time for the court to review the related petition, and it plans to make a judgment before January.
While the Ministry of National Defense says recognition of conscientious objectors is premature, local courts ruled in favor of such people nine times for last one year.