More court rulings siding with conscientious objectors

The Korea Times

The Korea Times

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Sun, December 10, 2023 | 07:19

More court rulings siding with conscientious objectors

Posted : 2017-06-12 17:32

Updated : 2017-06-12 19:44

People protest the ongoing imprisonment of conscientious objectors by standing behind the bars of a mock prison cell set up in Gwhanghwamun, central Seoul, on the May 15 International Conscientious Objectors Day. Amnesty International Korea welcomed Daegu district court rulings that aquitted three conscientious objectors on Thursday. / Courtesy of Amnesty International, Mari Park

By You Soo-sun

A local court ruled in favor of three conscientious objectors who refused to serve in the Korean military, Thursday, bringing the number of people acquitted to 30. Amnesty International and human rights activists welcomed the verdict, calling it significant progress. They also expect alternative service to become available under the Moon Jae-in administration, one of Moon's pledges during his presidential campaign.

A district court in Daegu ruled Thursday that "conscientious objection is just" as denying this would be a "violation of conscientiousness," a right protected by the Constitution.

This goes against conventional upper court and Constitutional Court rulings that have put 190,000 men in prison since the 1950-53 Korean War. About 500 to 600 men are imprisoned per year on average for refusing to serve their around two-year compulsory military duties as mandated by the Military Service Act. At least 397 objectors were imprisoned as of the end of April, according to an Amnesty International report.

Amnesty International Korea welcomed the news. "Since 2015, a surge of lower court rulings has found conscientious objectors not guilty. It's a significant trend," its representative Park Seung-ho said.

Park is also hopeful that alternative service will be introduced under the Moon administration. Public sentiment is also more optimistic.

"He explicitly stated his will to push for the alternative service during his presidential campaign," Park said.

"The majority is now in favor of allowing alternative services for conscientious objectors," he added, while acknowledging that there is still strong opposition towards those that do not serve in the military.

Public discourse on conscientious objectors began to change in the early 2000s amidst continuous calls by human rights groups to allow alternative service as a means to end imprisonment. The first verdict that ruled in favor of conscientious objectors was in May 2004 followed by another in 2007. A major breakthrough was when the Roh Moo-hyun administration introduced a plan in 2007 to allow alternative service for conscientious objectors. But the plan was shot down in 2008 by the Lee Myung-bak administration, citing intensifying threats from North Korea and lack of national consensus as main reasons.

But since 2015, an increasing number of judges at lower courts ruled in favor of conscientious objectors. Out of 30 rulings that have found them not guilty, 20 of those have been made since 2015, according to Lim Jae-sung, a lawyer at Haemaru Law Firm that has defended many conscientious objectors.

"It's very courageous," Lim said. He noted that it is extremely difficult for lower courts to defy upper court rulings in this way.

Since 2015, the Constitutional Court has been withholding making its decision on whether the Military Conscription Law that imprisons conscientious objectors is constitutional. The court has ruled against conscientious objection in the past in 2004 and 2011 for national defense reasons.

While the lower courts have generally followed their guidelines, Lim believes this is changing.

"I think it was a conscientious ruling on their part, sending a message that they can no longer stand by while these young men are sent off to prison."

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