Supreme Court rules in favor of conscientious objection to military service
- 5 years ago
대법원 '종교 및 양심적 병역거부' 정당사유로 인정... 14년 만에 대법원 판결 뒤집혀
Here in South Korea, all able bodied men are required to serve in the military for around 2 years.
As there have been cases of people finding new ways to dodge the draft, those refusing to serve for religious reasons became subject to legal punishment as well.
Today, the country's top court took the side of a conscientious objector to military service.
Yoon Jung-min zooms in on how religious beliefs is finally recognized as valid reasons for exemption from mandatory conscription.
South Korea’s Supreme Court has ruled in favor of conscientious objection to military service.
In Thursday's final ruling, the top court overturned a previous decision by a lower court to punish a Jehovah' Witness for dodging mandatory military service on religious grounds.
The accused was sentenced to 18 months in prison in 2013.
Under the current Military Service Act, all able-bodied South Korean men must serve around two years in the army as a legacy of the 1950-1953 Korean War which ended in a truce.
Those who fail to answer to their conscription without a valid reason are subject to legal punishments.
Only diseases or natural disasters have been regarded as valid reasons for exemption, but the top court also recognized religious beliefs to be excusable.
The court cited it is against demoracy, which stands for tolerance of minorities, to punish conscientious objectors for refusing the conscription on grounds of religious faith, in others words, freedom of conscience.
In the 9 to 4 vote, however, four Justices opposed the decision, expressing concerns that the top court's decision may trigger confusion among the public.
They insisted the court should wait until the National Assembly establish a law regarding alternative services for conscientious objectors.
The latest decision is likely to affect other pending cases as well. Currently, there are 227 other similar cases waiting for a final decision at the top court.
The latest decision goes against previous Supreme Court decisions against conscientious objectors in 1969 and 2004.
In June, the Constitutional Court ruled that the government must provide alternative services for conscientious objectors.
Yoon Jung-min, Arirang News.
Here in South Korea, all able bodied men are required to serve in the military for around 2 years.
As there have been cases of people finding new ways to dodge the draft, those refusing to serve for religious reasons became subject to legal punishment as well.
Today, the country's top court took the side of a conscientious objector to military service.
Yoon Jung-min zooms in on how religious beliefs is finally recognized as valid reasons for exemption from mandatory conscription.
South Korea’s Supreme Court has ruled in favor of conscientious objection to military service.
In Thursday's final ruling, the top court overturned a previous decision by a lower court to punish a Jehovah' Witness for dodging mandatory military service on religious grounds.
The accused was sentenced to 18 months in prison in 2013.
Under the current Military Service Act, all able-bodied South Korean men must serve around two years in the army as a legacy of the 1950-1953 Korean War which ended in a truce.
Those who fail to answer to their conscription without a valid reason are subject to legal punishments.
Only diseases or natural disasters have been regarded as valid reasons for exemption, but the top court also recognized religious beliefs to be excusable.
The court cited it is against demoracy, which stands for tolerance of minorities, to punish conscientious objectors for refusing the conscription on grounds of religious faith, in others words, freedom of conscience.
In the 9 to 4 vote, however, four Justices opposed the decision, expressing concerns that the top court's decision may trigger confusion among the public.
They insisted the court should wait until the National Assembly establish a law regarding alternative services for conscientious objectors.
The latest decision is likely to affect other pending cases as well. Currently, there are 227 other similar cases waiting for a final decision at the top court.
The latest decision goes against previous Supreme Court decisions against conscientious objectors in 1969 and 2004.
In June, the Constitutional Court ruled that the government must provide alternative services for conscientious objectors.
Yoon Jung-min, Arirang News.