3 Sect Followers Acquitted of Draft Dodging Charges


By Soh Ji-young
Staff Reporter
Three conscientious objectors on Friday were acquitted of criminal charges over their refusal to serve in the military because of religious beliefs. The decision is the first recognition of conscientious objection in South Korea.

A Seoul court turned down the charges the prosecution brought against the three followers of the Jehovah’s Witnesses, saying that they have the right to refuse to join the military for religious reasons under the Constitution.

``We acknowledge that the accused refused to serve the military for sufficient reasons solely in accordance with their conscience as the Constitution guarantees the freedom of conscience,’’ presiding judge Lee Chong-yol said in the ruling.

The Military Manpower Administration, which is in charge of military conscription, expressed deep concern over the acquittal of the conscientious objectors, saying that the move is feared to endanger the nation’s security.

``If we accept the conscientious rejection of military duty, the basis of mandatory military service will be dismantled and the existence of the nation will be threatened,’’ it said in a statement.

The prosecution indicted the three, identified by the surnames Oh, Chong and Hwang on charges of evading compulsory military duty.

The 22-year-old Oh and the 23-year-old Chong claimed that they could not join the army because military service is against their religious beliefs.

Hwang, 32, was indicted for refusing to take part in the training for reserved troops after he was discharged from the military.

``Their decision to refuse to join or be drafted into the service as required by the military service law was made as a result of their conscience, which is a just cause as freedom of conscience is protected by the Constitution,’’ the judge said.

The court, however, ruled against another 23-year-old conscientious objector, identified by his surname Cho, saying that, ``his cause is not enough,’’ and sentenced him to the maximum prison sentence of three years.

More than 10,000 South Korean males have been jailed for refusing to serve in the military.

The number of conscientious objectors has been on the rise overthe past few years from 683 in 2000 to 804 in 2001 and 734 in 2002.

The government has been refusing to recognize the people’s right to object to the military service, arguing they are only trying to dodge their duty and that an allowance not to serve would be followed by a mass secession of eligible South Korean males from the country’s compulsory military service.

Korea has maintained a 600,000-strong military since the end of the 1950-1953 Korean War. The conflict ended with an armistice and not a permanent peace pact, leaving the two Koreas technically at war.

The court, however, acknowledged that the country’s signing of the United Nations-adopted International Covenant on Civil and Political Rights (ICCPR) in 1990 played a role in its decision.

``Article 18 of the ICCPR, which our country endorsed in 1990, also states that people are not to be bound by any restrictions that would infringe upon their right to have their own beliefs,’’ the court said in its ruling.

``Also, the human rights commission of the U.N. Economic and Social Council, to which South Korea has been appointed a member for five consecutive terms since 1993, has stressed that the right to refuse military service must be recognized and even adopted a resolution to that effect on April 19, the court added.

The court also argued that the number of conscientious objectors was not serious enough to damage the strength of the country’s military and said there needs to be an alternative to armed service.

``The number of conscientious objectors is estimated at about 600, which is only 0.2 percent of the 300,000 men the country that needs to be drafted each year for its military. It is an insignificant amount in relation to the nation’s defense capacity, and even if we need soldiers for the country, not every citizen needs to become one,’’ the court argued.

``If we provide an alternative service and clear standards (to determine the authenticity of one’s conscious objection), we can effectively sort out those who are only trying to dodge their military service,’’ the court added.


jysoh@koreatimes.co.kr