Korea: Adventists Fear Negative Impact of Court Ruling on Conscientious Objectors

Seoul, South Korea | 10.12.2003 | ANN/APD | International

Seventh-day Adventists who wish to maintain a non-combatant status may have greater difficulty in dealing with Korea’s military service requirements following a Seoul District Criminal Court ruling last week.

A 25-year-old man, identified only as “Mr. Lee,” was fined 2 million Korean Won, or USD 1,670, by the court after Lee refused to attend reserve military training. The man was said to be a member of Jehovah’s Witnesses, a group whose members refuse military service.

“According to the [Korean] Constitutional Court, freedom of conscience is divided into ‘forum internum’ and ‘forum externum,’” the Seoul district court wrote in its ruling. “The former, which creates and shapes conscience, is an absolute freedom, but the latter, which expresses and practices conscience, is a relative one and can be restricted for the purpose of national security and order.”

The court continued: “Conscientious objection based on religious faith is an external expression, the practice of the belief. It contradicts the military duty, which is for the purpose of national security and the basic national obligation required by the constitutional law as well as right of equality. Under a possible threat of military rivalry between South [Korea] and North [Korea], if conscientious objection or alternative service is allowed, [the] number of military objectors will possibly increase to endanger the country.”

Hyun-Suh Koo, director of Public Affairs and Religious Liberty for the Adventist Church in Korea, said “The court judgment is not reasonable. The ‘internal’ and ‘external’ conscience cannot be [divided]. When the latter is restricted the former will be definitely suppressed.”

One Seventh-day Adventist member, speaking on condition of anonymity, rejected the court’s finding.

“This court decision is a misinterpretation of the constitutional law,” the church member said. “Courts will continue to give negative rulings to people who choose their religious belief or conscience when they possibly contradict other laws or regulations unless there are detailed provisions to protect religious freedom. So far there are only constitutional-leveled laws which are very abstract and simple. Legislation of a special Religious Freedoms Act in the Republic of Korea should be considered as soon as possible.

Glenn Mitchell, the Adventist Church’s regional director of Public Affairs and Religious Liberty, said the ruling sent a signal to people of conscience: “Faith and practice of faith should not be dealt with in separate ways. The court decision gives a very sensitive and important message to everybody, that they should know and protect their freedom of conscience or faith.”

Conscientious objection has been a continuing issue in South Korea. About 500 young men, mainly Jehovah’s Witnesses, are jailed annually over their objection to military training. In the past two years, Adventist students Young-chul Yoon and senior theology student Hwi-jai Lim were imprisoned for their conscientious objector stance. Following this, five Adventists refused to carry guns on May 19 during their time in the Republic of Korea’s mandatory military reserve training. .” [Editors: Sub Sung Song and Mark A. Kellner for ANN/APD]

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