By Kim Hyun-bin
The nation's top court is reviewing another case regarding objection to military service, but this time based on personal beliefs, not religious faith, according to legal circles, Sunday.
A 20-year-old, surnamed Kwak, has been refusing to do his military service, claiming the mandatory conscription was unconstitutional, and the Supreme Court has been reviewing the case since September.
The case review came to light after the court ruled, Thursday, religious belief is a valid reason to refuse compulsory military service, overturning its 2004 decision.
In October 2016, Kwak received a notice of enlistment but was indicted as he did not show up and was sentenced to 18 months in prison at his trial which was upheld on appeal.
Kwak's case is different from Jehovah's Witness conscientious objection as his beliefs are strictly personal rather than religious.
“Military personnel can be recruited voluntarily, but the government has mandatory conscription without any alternative options, which is unconstitutional and a violation of individual rights,” Kwak claims. “Also soldiers' pay is less than the minimum wage which is also a rights infringement.”
Both of the reasons were rejected by the lower court that ruled personal beliefs could not be seen as greater than constitutional obligations.
However, some legal circles believe Kwak's case could be interpreted as suppression of freedom of conscience and raised the possibility the top court could rule in his favor.
The Supreme Court's ruling last week categorized reasonable conscience as “deep, resolute and truthful” ― although it added, “If the conscience and beliefs change when encountering different situations, it is not deemed reasonable.”
In the latest ruling, the court looked into a Jehovah's Witness' resolute objection to serving in the military after receiving the notice of enlistment and his willingness to suffer punishment for his beliefs, which was considered a legitimate reason for rejecting military service.
Experts believe there is a high possibility Kwak will use the recent ruling to his favor as he deeply believes the mandatory enlistment is unconstitutional and hasn't changed his stance since he received the notice of enlistment in 2016.
However, many are pointing out there is a difference between Kwak and religious conscientious objectors, as the latter have a strong belief that their moral character will be harmed by serving in the military.
“Now all eyes are on the Supreme Court's decision to see if they can go beyond conscientious objection and rule in favor of personal beliefs to be exempted from military service,” a legal official said.
All able-bodied Korean men between the ages of 18 and 35 must complete around 18 months of military service. Those who refuse can be sentenced to up to three years in jail under the Military Service Act. Around 20,000 conscientious objectors, mostly Jehovah's Witnesses, have been jailed in Korea since 1950 ― more than any other country in the world.