By Lee Kyung-min
A Seoul court ruled against the Military Manpower Administration (MMA), Wednesday, for disclosing names of conscientious objectors under the category of draft dodgers.
The Seoul Administrative Court granted an emergency injunction filed by 116 conscientious objectors whose names and other personal information were disclosed on the administration body’s website last December.
The 116 men who refused to serve for military duty which involves using a firearm, on religious grounds, filed the suit against the MMA after it included their personal information among the 237 individuals that unlawfully refused to be subjected to conscription.
The group of men claimed the state body’s decision was prejudicial to lump them with others who do not have religious grounds for refusing to serve military duty.
“We do not attempt or wish to evade mandatory military duty altogether,” the group said. “We are willing to serve in other forms of mandatory service in the public or private sectors required that could replace the acts of taking part in war which goes against our religious beliefs,” the group said.
“Stigmatizing us as those seeking to dodge military service is therefore unjust, especially given that we are awaiting the decision by the Constitutional Court whether our action is protected under the Constitution,” they added.
The court said it recognized the urgency of the group not to have their rights violated by the state.
“Publicly disclosing their personal information results in irrevocable and imminent harm on the part of the plaintiffs, and granting their motion is necessary to prevent any further harm,” the court said.
This emergency decision is not permanent, valid only until the ruling is made after an official trial begins between two parties.
The defense attorney representing the group said he welcomes the decision that helped protect their human rights.
He said he would stress to the court that those 116 men do not have ulterior motives based on malicious intent to dodge their mandatory public service.