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The Constitutional Court of Korea declared that the Military Service Act must include legal provisions that detail alternative service routes for conscientious objectors in a ruling in Seoul on June 28. (Yonhap News)
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Constitutional court rules lack of alternatives for conscientious objectors is unconstitutional
The Constitutional Court of Korea ruled that legal provisions that do not offer alternative routes of service to conscientious objectors who refuse military service on religious or moral grounds is inconsistent with the Constitution of the Republic of Korea. The historic ruling came 70 years after the first military draft laws were issued in 1950, during which over 19,000 conscientious objectors have been punished for violating military service laws. Departing from the practice of unilaterally requiring all men to fulfill their duty to their country based on Korea's South-North division, the ruling is seen as a reflection of a shift in societal attitudes regarding the need to respect the dignity and values of individuals who refuse military service on conscientious grounds. Regarding 28 constitutional appeals and requests for retrial related to legal provisions of the Military Service Act, six out of nine Constitutional Court justices (three opposed) voted in favor of ruling Article 5, Clause 1 of the Military Service Act unconstitutional, as it does not list alternative routes of service to conscientious objectors. However, regarding Article 88, Clause 1, Sub-clauses 1 and 2, which determine the punishments relegated to conscientious objectors, the court's decision resulted in a draw, with four out of eight justices ruling the provisions are constitutional. The Constitutional Court ruled that a revision to the Military Service Act that lists alternative service routes must be submitted by Dec. 31, 2019. If the National Assembly does not revise the provision will become legally invalid starting Jan. 1, 2020. By Yeo Hyun-ho, senior staff writer Please direct comments or questions to [english@hani.co.kr]
