
Korea takes conscience to court
On Thursday, August 26, 2004, the Korean Constitutional Court will address the long-standing issue involving freedom of conscience when matters dealing with military service are involved. South Korea has no legislative provision for alternative civilian service and no provision for exemption from military service for conscientious objectors or for ministers of religion; however, the Korean Constitution protects the right of all citizens to "enjoy freedom of conscience" and "freedom of religion." (Articles 19 & 20 of the Constitution of South Korea, adopted October 29, 1987)
This case follows the petition filed after Senior Judge Park Si-hwan of the Seoul South District Court sent Lee Kyung-soo's case to the Constitutional Court on January 29, 2002. Judge Park's assessment was that failure to recognize the right of conscientious objection violates Lee's constitutional right to freedom of religion and conscience. Upon filing the request with the Constitutional Court, Judge Park suspended the trial and released Lee on bail. The trial proceedings will resume only after the Constitutional Court rules on the constitutionality of the disputed clause.
To date, Jehovah's Witnesses whose cases are pending until the ruling of the Constitutional Court, including those who have been accused without arrest or who have been released on bail, number about 280.
Since the 1950's, nearly 10,000 Jehovah's Witnesses have been imprisoned in South Korea for conscientious objection to military service. Presently, there are over 400 in prisons as conscientious objectors.
Among the countries that have in recent years successfully addressed similar issues related to alternative civilian service are Estonia, Germany, Sweden and Taiwan.
Korean media contact Public Information Desk: (031) 618-0033
U.S. and other media contact J.R. Brown: (718) 560-5600
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