“Service Substituting Military Service Should Be Allowed” “No Exception in Military Service”

"Let people exercise their basic right to act according to their conscience."

"There cannot be any exceptions to the sacred duty of military service."

With the Southern branch office of the Seoul District Court accepting the request of defender of Mr. Lee (21) who is a conscientious objector to military service for arguing that the current military service law is unconstitutional, conscientious objection to military service is creating a stir.

Civil bodies proposed a substitution service system as a measure saying, "We should protect the human rights of those who refuse to join military service according to his or her religious beliefs." Against this proposal the Ministry of Defense stuck to their principle saying, "Substitution service goes against the principle of equity."

▽ Pros and Cons = Conscientious objections so far has been limited to minor religious sects and regarded as a turbulent matter, but after the National Human Rights Commission (NHRC) was launched in November last year, it stirred public opinion.

Oh Tae-Yang, a Buddhist and civil activist, refused to join the Army and presented a petition to NHRC on December 17th, 2001, after which public opinion earnestly discussed the conscientious objector issue and substitution service.

Those who support conscientious objection insist that the liberty of conscience and religion, which the constitution guarantees, cannot be violated. They insist that the current substitution service system should be extended and improved to substitute military service by social services as well as by joining military service.

Choi Jung-Min, secretary of Solidarity for Peace and Human Rights said, "Punitive regulations for objectors are unlimitedly applied to conscientious and religious objectors, forcing them to choose between `gun or jail`."

Han Hong-Koo, professor of general education at Sungkonghoe University said, "Those who were exempt from active military service by performing community service or due to acceptable excuses numbered up to 200,000 persons. With a flexible operation of the substitution service system, conscientious objectors should be able to take the place of military service by social service activities."

But Ministry of Defense authorities are against it because of the inequality and side effects of substitution service. They say that it is obvious that the introduction of the substitution service system will exacerbate the side effects and abuse since the current public service system is already causing many side effects.

An official of the Defense Ministry said, "Providing benefit of exemption from military service for specific religious groups may cause a dispute on its fairness. Some people may expediently profess to believe in a religion and give up his faith after completing substitution service."

▽ Present Condition and Trend = Conscientious objectors number 600 persons every year. 10,000 persons so far have been punished as criminals for refusing military service, and 2,000 persons are in jail now. They are known as `Jehovah`s Witnesses` or Seventh-Day Adventist Church members.

If one refuses to take a gun after joining the army, it is disobedience by martial law, for which the maximum penalty can be 3 years` imprisonment. But if one refuses to join the army, he will be punished by one and a half to two years` imprisonment. Hence, many refuse to join the army rather than refusing to take a gun after joining the army.

Among countries in the world that adopt a conscription system, the countries that do not allow conscientious objection to military service number about 40 along with South and North Korea. The other 30 countries recognize substitution service. Some advanced industrialized countries like Dutch and eastern European countries allow conscientious objection. Taiwan also is considering conscientious objection for religious belief and introducing a substitution service system from 2000.

▽ Prospect = There is more support for conscientious objection now. 26 civil bodies including the People`s Solidarity for Participatory Democracy will organize a joint commission and campaign for legislation starting on February 4th.

But with the Defense Ministry sticking to rejecting the substitution service, this problem is likely to push the Constitutional Court judges to decide whether the military service law is constitutional or not.

changkim@donga.com