Punishing conscientious objectors is constitutional: Court

South Korea's Constitutional Court has ordered the revision of the conscription law to allow for alternative service for conscientious objectors by the end of 2019.
However,... it has upheld the criminalization of those who refuse to serve in the military, largely for religious reasons.
Kan Hyeong-woo reports.

The Constitutional Court of Korea has once again ruled that punishing conscientious objectors is constitutional... saying on Thursday that refusing to carry out military duty on the grounds of religious beliefs or conscience is not a "justifiable reason."

But the court said it is unconstitutional that the current Military Service Act does not include alternative services, as its Article 5 only lists certain forms of military service such as active duty or serving as a civil servant.

The court ordered the National Assembly to amend Article 5 before December 31st 2019 so that it does contain an alternative type of service.

There has long been a debate over whether people should be given the right to refuse to perform military service in a country where national security remains an important issue given the political situation on the Korean Peninsula.

Thursday's ruling is the fourth judgment on the issue. The court made two previous decisions in 2004 and another in 2011, ruling in each case that holding objectors criminally accountable for violating the Military Service Act is "constitutional."

Cases of conscientious objection in South Korea have seen mixed rulings in different courts. Defendants in all 83 cases since 2004 were found innocent by the lower courts, but every ruling was overturned by the Supreme Court.

The current law says that refusing to be drafted without justifiable reasons is punishable by a prison term of up to three years.

Kan Hyeong-woo, Arirang News