The acquittal, granted on religious grounds, has sparked controversy in a country where the draft is regarded as a national duty
By Lee Jun Bok
SEOUL - A district court in South Korea yesterday acquitted two men who had refused to serve their compulsory two-year military service on religious grounds, sparking a huge controversy.
A third man, indicted for refusing to take part in reservist training, was also acquitted.
The unprecedented ruling, which followed two years of deliberations, effectively means the court now recognises 'conscientious objection', banned under current draft laws.
It will also have a bearing on similar pending lawsuits. As of last December, more than 1,000 conscientious objectors were in prison for refusing to serve in the military.
Current draft laws state that those who receive a conscription order but refuse to answer the call without any justified reason can be jailed for up to three years.
In its ruling, the Seoul Southern District Court said Article 19 of the Constitution protected the personal freedom of individuals to claim the status of a conscientious objector.
It also cited international covenants that guaranteed the freedom of conscience.
The decision was a departure from past rulings which said the freedom could be restricted if it contradicted national security.
The prosecution claimed that conscientious objectors could not be allowed because of the Korean Peninsula's 'special security circumstances'.
South Korea, which shares the world's most fortified border with the communist North, maintains a 600,000-strong military.
But the court said that out of the 300,000 eligible conscripts each year, only 0.2 per cent - or 600 people - are conscientious objectors. The figure was too insignificant to undermine the armed forces' combat readiness, it said.
All three men, aged between 22 and 32, are Jehovah's Witnesses. The group, which has been banned in Singapore since 1972 but is not banned in South Korea, opposes military service.
The Military Manpower Administration (MMA) immediately opposed the ruling.
'If we accept conscientious objectors, the fundamentals of our draft would be shaken,' it said, adding that the prosecution planned to file an appeal.
The Constitutional Court will decide later this year whether a ban on conscientious objection under conscription laws constitutes a violation of basic human rights guaranteed under the Constitution.
Already, there are signs of people using religion to dodge the draft. According to the MMA, the number of conscientious objectors has increased steadily. While there was only one conscientious objector in 2000, the number surged to 561 last year.
The court, aware of the MMA's fears, said the military should provide an alternative service and clear standards to weed out 'those who are trying to dodge their military service'.
Progressive civic groups welcomed yesterday's ruling.
'I hope that the court's decision will act as an catalyst for opening up other human rights issues as well,' said an official with the People's Solidarity for Participatory Democracy.
But others disagreed.
'I think it's outrageous,' said Mr Hong Sang Jin, who served in the Special Forces.
'There are many people who would rather not go to the army. But they still do it while biting their lips. It's not exactly a joy ride but everyone does it because it's a duty.'
There is strong public opinion against draft dodgers in South Korea, where the military service is widely regarded as a rite of passage to manhood and a national duty.
Mr Lee Hoi Chang, former head of the main opposition Grand National Party, was said to have failed twice in his presidential bids because his two sons were exempted from the compulsory duty.