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The Supreme Court finally condemned conscientious objectors who refuse to join the military for reasons of conscience. The court¡¯s 12 justices upheld the lower court¡¯s decision on Thursday with one minority opinion to sentence a 23 year-old conscientious objector to a one-and-a half-year prison term. Choi Myung-jin, known to be a Jehovah¡¯s Witness, was charged with violating the military service law. Since he was on trial out of custody, he is expected to be imprisoned in about one month after going through necessary procedures. In this way, the social confusion brought about by conflicting lower court decisions on conscientious objector status has been brought to an end, and the lower courts currently looking at 220 similar cases may reference the Supreme Court decision in passing judgment.
The court said in its ruling, ¡°If national security is not protected because of the failure to serve the mandatory military service, the dignity and value of human beings cannot be guaranteed. One¡¯s freedom of conscience does not take precedence over the obligation of national defense.¡± It added, ¡°One¡¯s freedom of religion and conscience should be allowed within a degree to which other constitutional values and the nation¡¯s law and order are not threatened. Therefore, article 88 of the military service law that calls for punishing draft dodgers cannot be seen as unrightfully infringing the dignity and value of an individual.¡±
Justice Lee Kang-kook, however, was the only one who opposed the ruling, saying, ¡°Since it is the nation¡¯s obligation to guarantee the freedom of conscience, one of the basic rights of the people, the government should show the spirit of tolerance.¡± Other five justices who agreed to the ruling also said in a complementary opinion that it is necessary to introduce an alternative military service system.
Choi was convicted of evading his military service without sufficient reasons after receiving the conscription notice in November 2001 in two lower courts and appealed to the Supreme Court last April. He said, ¡°I accept the ruling by the Supreme Court and will wait for the ruling by the Constitutional Court.¡±
The Constitutional Court is deliberating on a petition, submitted by Seoul Southern District Court in January 2002, on whether article 88 of the military service law is unconstitutional.
(Choi Jae-hyuk, hchoi@chosun.com )
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