Constitutional Court gives govt a year to introduce alternative to compulsory military service
This comes as the Court upholds the right of the state to jail conscientious objectors. Able-bodied men are required to perform two years of military service. Those who refuse can face up to three years in prison. Since the 1950s, 19,000 men have jailed for conscientious objection.
Seoul (AsiaNews/Agencies) – South Korea’s Constitutional Court has ruled that whilst the South Korean government has the right to jail conscientious objectors who refuse to perform compulsory military service, it also has one year to change the law to provide for an alternative.
The nine-judge panel, headed by Chief Justice Lee Jin-sung, announced the decision by six votes to three to offer those who refuse mandatory military service on grounds of conscience or religious beliefs the option to perform an alternative service of a civilian nature.
The court ruled in previous cases in favour of the state, citing that fulfilling one's military obligations overrides freedom of conscience given the unique security situation on the Korean Peninsula.
The court had made the same rulings in previous adjudications in 2004 and 2011.
A number of political parties and government agencies welcomed the court’s decision. Conscientious objection has been a controversial issue for a long time.
For some, refusing military service is not possible in a country where national security is threatened by North Korea. Under the current law, all able-bodied men are required to serve in the army for two years.
Refusing to perform the service can lead to a jail term of up to three years. Since the 1950s, about 19,000 conscript candidates have been arrested and served time, mostly 18 months in jail, for not complying with the law.
At present, several cases of conscientious objection are pending before the Supreme Court. It recently announced that it referred them to the full bench, and the court will hold a public hearing in late August before reaching a decision.
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12/02/2016 15:14
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