Korea, South

Introduction

War Resisters' International, the international network of pacifist organisations with 80 affiliates in 40 countries, founded in 1921, is cooperating with South Korean partner organisations for an international seminar on Peace in North-East Asia, to be held in South Korea in June 2005.

Report from the international seminar in Seoul, 26-29 June 2005

The 2005 WRI annual seminar was entitled “Peace In North-East Asia” and focused on a variety of related topics over 3.5 days. It consisted of a mixture of panel discussions, small workshops and a nonviolence training session.

After the rulings of the Korean Supreme Court and Constitutional court earlier this year, the Korean courts are now picking up on trials against conscientious objectors. More than 750 conscientious objectors are in prison on Prisoners for Peace Day. Besides Jehovah's Witnesses and 7th Day Adventists, also the number of pacifist conscientious objectors is on the rise. On 15 November, seven pacifist COs were in prison.

O Taeyang (30), a pacifist and buddhist.

Two South Korean conscientious objectors, Mr Myung-Jin Choi and Mr Yeo-Bum Yoon, brought their case to the United Nations in an individual complaint under the Optional Protocol to the International Covenant on Civil and Political Rights (ICCPR). The two individual complaints are the last legal means available to conscientious objectors in South Korea, after both the Supreme Court and the Constitutional Court rules against the right to conscientious objection on 15 July and 26 August 2004 (see CO-Update No 1).

The South Korean Constitutional Court ruled against conscientious objectors on 26 August 2004. This ruling is in line with an earlier ruling of the Supreme Court from 15 July, in which the court stated that "individual freedom of conscience can't be more important than accepting calls of duty for the defense of their own country". The court said seeking freedom of conscience as a member of society can only be admitted when the person follows the rules that others follow.

From 8-18 August 2004, WRI's CO Campaigning Worker visited South Korea, where he took part in a peace camp organised by Solidarity for Peace and Human Rights, one of the main groups behind Korea Solidarity for Conscientious Objection (KSCO).

This is the complete version of the Constitutional Court Decision. Here you can find a summary

Decision

This is a summary of the Constitutional Court Decision. Here you can find the full version

Background of the Case

This is the complete version of the Decision on Conscientious Objection of the Supreme Court of South Korea. Here you can find a summary

Decision

Case: 2004Do2965, Violation of the Military Service Act
Defendant: Myung-Jin Choi (8xxxxx-xxxxxxx), Unemployed
Address: 1060, 2-Ka, Kumho-Dong, Seongdong-Ku, Seoul
Petitioner: Defendant
Counsel Listed on the Addendum
Trial Court Holding: Eastern District Court of Seoul 2004.4.28. Judgment 2004No79 Decision
Date of Judgment: July 15, 2004

The Court Order

Petition is denied. (Affirmed.)

This is a summarised version of the Supreme Court Decision. Here you can see the full version

2004Do2965 Delivered on July 15, 2004*

Violation of the Military Service Act Main Issues

[1] The meaning of a "justifiable cause" under Article 88(1) of the Military Service Act, a punishment provision for evasion of enlistment
[2] The scope of protection and the nature of the freedom of conscience under Article 19 of the Constitution

The ruling of the Korean Supreme Court is in breach of the International Covenant on Civil and Political RightsWar Resisters' International, the international network of pacifist organisations with affiliates in more than 40 countries, regrets the decision of the South Korean Supreme Court to uphold the conviction of a conscientious objector.

Executive Summary
1. The Military Service System of the Republic of Korea
1.1 Outline of Military Service Regulations
1.2 Social Aspects of Military Service
2. Conscientious Objection to Military Service
2.1 Present Situation
Table1. Imprisoned Conscientious Objectors by Year
Table2.