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July 21, 2004
South Korea Supreme Court leaves conscientious objection up to Constitutional Court
SEOUL—On Thursday, July 15, the Supreme Court of Korea upheld the decision of a lower court that two years earlier convicted Myung-jin Choi of his “crime,” refusing to perform military service even though he is willing to perform alternative service. Now 25 years old, Mr. Choi awaits the ruling of the Constitutional Court in Korea, where a decision on a similar case is expected soon.
Meanwhile, 280 other conscientious objectors, who are also Jehovah’s Witnesses, have appealed similar convictions. They are treated as convicted criminals with all the negative consequences even though they have been released on bail or on their own recognizance. It remains to be seen whether these cases will be held, pending the decision of the Constitutional Court.
Although the decision of the Supreme Court was 11 to 1, five of the Justices agreed with the dissenting Justice that there is a need for alternative service to the military. The court’s ruling said that the decision to provide legal punishments or alternative services for those who refuse to be drafted is reserved for the legislature. There are some in the legislature who have a mind to press for laws regarding alternative service to the military.
Every year, 500 to 700 young men who are Jehovah’s Witnesses, who are willing to perform alternative service, continue to be convicted and imprisoned because of their conscientious objection to military service. Their resulting criminal record prevents them from many types of employment long after they have served time in prison.
Contact: J. R. Brown, telephone: (718) 560-5600