[Editorial] Conscientious Objectors Need Alternative Service

The National Human Rights Commission has reportedly decided to issue a formal recommendation calling for the government to recognize conscientious objectors and offer alternatives to military service. While not legally binding, the mere fact that a state institution is officially recommending the restoration of civil rights for conscientious objectors is by itself very meaningful.

There has been a steady increase in society's understanding about the need for those who object to military conscription for conscientious or religious reasons to have the option of alternative service. Last year a minority opinion from the Supreme Court said that since the law requires they be prosecuted without any offering them any alternatives, there are aspects of the law that violate their civil rights. The Constitutional Court, too, has stated the need to find a way for the law to provide for the coexistence of freedom of conscience and needs of national security. It would be safe to assume what that means is that there is a growing consensus about alternative service within the judicial branch of government. Some 31 nations have alternatives to military service.

There is of course merit to concerns that alternative service could create a problem of imbalance with soldiers currently serving in the military and that it could be used as a means to avoid the draft. Truth be told, the Korean people are very sensitive and strict about military conscription. The proposal for alternative service that is on the table at the National Assembly would have conscientious objectors serve for 1.5 times longer, a full three years, compared to regular conscripts, and they would be required to live communally as if living in regular barracks. False statements of conscience would be meet with strong punishment. It just goes against common sense to say that men would want to do public service that is longer and harder just because they do not want to go to the military. Abuses of the system to evade the draft can be avoided as long as the criteria for becoming an objector is strict enough.

The dilemma regarding objection to military service on religious and conscientious grounds originates in the conflict between the obligation to participate in national defense and the freedom of conscience and religion as stipulated by the constitution. For decades Korean society has labeled objectors criminals and sent them to prison while neglecting that legal contradiction and the resulting harm to civil rights. Currently there are 1,186 conscientious objectors in prison, and each year an average of 600 choose the same destination. The government and the National Assembly should get to work on alternative service legislation. Improving civil rights for conscientious objectors would be a milestone marking how mature our society has become.

The Hankyoreh, 15 December 2005.

[Translations by Seoul Selection]