The acquittal, granted on religious grounds, has sparked
controversy in a country where the draft is regarded as a national
duty
By Lee Jun Bok
SEOUL - A district court in South Korea yesterday acquitted two men
who had refused to serve their compulsory two-year military service
on religious grounds, sparking a huge controversy.
A third man, indicted for refusing to take part in reservist
training, was also acquitted.
The unprecedented ruling, which followed two years of
deliberations, effectively means the court now recognises
'conscientious objection', banned under current draft laws.
It will also have a bearing on similar pending lawsuits. As of last
December, more than 1,000 conscientious objectors were in prison
for refusing to serve in the military.
Current draft laws state that those who receive a conscription
order but refuse to answer the call without any justified reason
can be jailed for up to three years.
In its ruling, the Seoul Southern District Court said Article 19 of
the Constitution protected the personal freedom of individuals to
claim the status of a conscientious objector.
It also cited international covenants that guaranteed the freedom
of conscience.
The decision was a departure from past rulings which said the
freedom could be restricted if it contradicted national
security.
The prosecution claimed that conscientious objectors could
not be allowed because of the Korean Peninsula's 'special security
circumstances'.
South Korea, which shares the world's most fortified border with
the communist North, maintains a 600,000-strong military.
But the court said that out of the 300,000 eligible conscripts each
year, only 0.2 per cent - or 600 people - are conscientious
objectors. The figure was too insignificant to undermine the armed
forces' combat readiness, it said.
All three men, aged between 22 and 32, are Jehovah's Witnesses. The
group, which has been banned in Singapore since 1972 but is not
banned in South Korea, opposes military service.
The Military Manpower Administration (MMA) immediately opposed the
ruling.
'If we accept conscientious objectors, the fundamentals of our
draft would be shaken,' it said, adding that the prosecution
planned to file an appeal.
The Constitutional Court will decide later this year
whether a ban on conscientious objection under conscription
laws constitutes a violation of basic human rights guaranteed under
the Constitution.
Already, there are signs of people using religion to dodge the
draft. According to the MMA, the number of conscientious
objectors has increased steadily. While there was only one
conscientious objector in 2000, the number surged to 561 last
year.
The court, aware of the MMA's fears, said the military
should provide an alternative service and clear standards to weed
out 'those who are trying to dodge their military
service'.
Progressive civic groups welcomed yesterday's ruling.
'I hope that the court's decision will act as an catalyst for
opening up other human rights issues as well,' said an official
with the People's Solidarity for Participatory Democracy.
But others disagreed.
'I think it's outrageous,' said Mr Hong Sang Jin, who served in the
Special Forces.
'There are many people who would rather not go to the army. But
they still do it while biting their lips. It's not exactly a joy
ride but everyone does it because it's a
duty.'
There is strong public opinion against draft dodgers in South
Korea, where the military service is widely regarded as a rite of
passage to manhood and a national duty.
Mr Lee Hoi Chang, former head of the main opposition Grand National
Party, was said to have failed twice in his presidential bids
because his two sons were exempted from the compulsory duty.