E\/CN.4\/2002\/NGO\/126<\/p>\n
COMMISSION ON HUMAN RIGHTS
\nFifty-eighth session
\nItem 11 (g) of the provisional agenda<\/p>\n
1. MINBYUN-Lawyers for a Democratic Society was established in 1988 to contribute the
\ndemocratization of Korean society. Since then, MINBYUN has worked to improve human rights
\nconditions in legal area, and defended the political prisoners who were particularly arrested in
\nviolation of the National Security Law and the Security Observation Law etc. MINBYUN has also
\nendeavored to reform the undemocratic laws and systems in Korean society. After Korean
\ngovernment signed the UN human rights instruments such as International Covenant on Civil and
\nPolitical Rights and International Covenant on Economic, Social and Cultural Rights in 1990,
\nMINBYUN has tried to watch Korean government to faithfully implement such Covenants and to
\nperform its responsibility hereunder in domestic arena. In addition, MINBYUN has prepared and
\nsubmitted alternative reports to the UN in regards to Korean government’s reports which it has
\nburden to file under the UN human rights instruments, so as Korean government’s reports to be duly
\nconsidered by the UN.
\n2. The UN Commission on Human Rights made a resolution in 1998 session (E\/CN.4. Res\/1998\/77)
\nthat the conscientious objection to military service is one of the fundamental human rights based upon
\nfreedom of thought, conscience and religion. In the context of this 1998 resolution, the UN
\nCommission on Human Rights decided in Resolution in 2000\/34 that States should reexamine their
\ncurrent status of laws and customs on conscientious objection to military service, and requested to
\nthe Office of the UN High Commissioner of Human Rights to prepare a compilation and analysis of
\nbest practices concerning the recognition of conscientious objection to military service and provision
\nof alternative service. Nature of conscientious objection to military service as basic right was already
\nconfirmed in 1993 by General Comment(General Comment 22 [48]) of the Human Rights Committee.
\nAt that Comment, the Human Rights Committee declared that conscientious objection to military
\nservice is from freedom of expression enshrined in Article 18 of International Covenant on Civil and
\nPolitical Rights. These resolutions and comment of the UN Commission on Human Rights and the
\nHuman Rights Committee mean that conscientious objection to military service is in itself a basic
\nhuman right, regardless of whether or not alternative service has been established by States.
\nTherefore States should respect conscientious objection to military service as legitimate right, and
\nshould not punish conscientious objectors. States should also prepare an alternative service for
\nconscientious objectors. As mentioned in the foregoing, Korea is a signatory country on International
\nCovenant on Civil and Political Rights, and took part in the above 2000 resolution of the UN
\nCommission on Human Rights, and thus Korean government has a responsibility to declare
\ninternationally and domestically that it respect conscientious objection as human right, and to provide
\nan adequate alternative service for conscientious objectors.
\n3. The present situation on conscientious objection, however, in Korea is very far from expectation
\nby the above UN resolutions and comment. Surprisingly, about 1,600 conscientious objectors, all of
\nwhom are Jehovah’s Witnesses, are now in jail as criminals. For the period of 1991-2000, 3,736
\nconscientious objectors were arrested, sentenced to be guilty in violation of the Military Criminal
\nLaw, and imprisoned for three years. Even in 2000, 642 conscientious objectors were convicted.
\nAccording to their religious faith and conscience, if young Jehovah’s Witnesses begin military
\nservice, they deny soon exercising military training to use guns, and since there is no exceptional
\nclause for conscientious objectors in the Military Service Law and the Military Criminal Law, their
\ndenials to exercise military training eventually lead to jail. In the past, the sentence to them, without
\nany exception, was given for the imprisonment of three years, which is maximum term under the
\nMilitary Criminal Law. But last year, some of them did not correspond to conscription notice and
\nthus instead of the Military Criminal Law, the Military Service Law applied to them. The trial was
\npreceded before the civil court, not military court. In those cases, some judges ruled that the
\nconvicted persons should be imprisoned for one year and six months, which is shorter than three
\nyears term by military court. Even though these civil court decisions reflect sympathy with
\nconscientious objectors to some degree, there is no actual change, because conscientious objection is
\nnot recognized as legally meaningful right and conscientious objectors do not choose any alternative
\nservice. At the present, conscientious objectors are treated as criminals in Korean society, and have
\nserious problems in obtaining jobs. They are not eligible to be employed as a public officer, and also
\nbecause of importance of military service career in business sector, it is nearly impossible for them to
\nhave proper jobs.
\n4. Jehovah’s Witnesses who were sentenced to be imprisoned for three years in jail as conscientious
\nobjectors have been discriminated even in jail. Ordinary prisoners are able to apply a parole where
\ntheir term in jail elapses one third, but in the case of Jehovah’s Witnesses they are unable to enjoy a
\nparole until elapse of twenty-seven months. Furthermore, their religious meeting is strictly prohibited
\non the ground that they denied to perform military service based upon their religious faith, even
\nthough the correction officer admits that conscientious objectors are best prisoners who faithfully
\nobserve the correction rule. These extreme discrimination will continue unless the present legal
\nsituation does not change. Korean government has responsibility to do a reform.
\n5. Disregard to conscientious objection in Korean society is related to the military dictatorship which
\nbegan in 1961 coup de tat and continued to early 1990s. The military junta established conception
\nmost important duty of Korean people is to perform the military service for defense of country,
\nbecause historically, Korea was invaded by foreign countries and after liberalization from Japan,
\nKorea was divided into South and North. From this background, in Korea, military service has
\nbecome unavoidable duty, unless people are not physically unable to do it or are employed in defense
\nindustry. Korean people have not dared to be a conscientious objector except Jehovah’s Witnesses.
\nHowever, military dictatorship has been overcome through civilian movement, and Korean society
\nhas been developing democracy in whole area. Therefore there is no ground that conscientious
\nobjection to military service is still to be unrecognizable from the viewpoint of defense of country and
\nnational security against North Korea.
\n6. Since last year, as the fact that many Jehovah’s Witnesses are in jail as conscientious objectors is
\nknown to public, Korean people have become to concern about the issue of conscientious objection
\nto military service. Civilian activists organized groups to support and help Jehovah’s Witnesses in jail,
\nand started to campaign conscientious objection to military service is to be respected as human right.
\nThe press also reported in detail the process of trials on conscientious objectors at courts. MINBYUN
\nalso took part in counseling conscientious objectors during trial. It is expected that solidarity of nongovernmental
\norganizations will be made in large scale for dealing with the issue of conscientious
\nobjection to military service.
\n7. In December 2001, Mr Taeyang Oh, a 26-year -old Buddhist and pacifist, determined that he would
\nnot report for duty of military service to conscription office according to his conscience. He is first
\nconscientious objector outside the Jehovah’s Witness. He says that Buddhism teaches that all living
\nbeings fear death. Harming or killing another person in war, or learning to use guns would violate his
\nreligious and moral beliefs. It is presumed that Mr Oh will soon be arrested in violation of the Military
\nService Law, and indicted by prosecutor like Jehovah’s Witnesses. The case of Mr Oh clearly shows
\nthat the issue of conscientious objection to military service is not any more limited to matter of only
\nJehovah’s Witnesses. Sooner or later more people will determine that they are conscientious objectors
\nto military service, as following an example of Mr Oh. Certainly, there will be more victims of
\nconscientious objectors, if Korean government maintains present military service system.
\n8. In this connection, MINBYUN sincerely suggest that the UN Commission on Human Rights be
\nwell informed of exact situation on conscientious objection to military service in Korea, and that the
\nUN Commission on Human Rights require to Korean government to report whether Korean
\ngovernment has reexamined legal system in relation to the issue of conscientious objection to military
\nservice so as to follow the UN resolutions and comment which have repeatedly recognized it as
\nfundamental human right, and what Korean government will do in order to concretize such UN
\nresolution and comment in near future. Apart from this, MINBYUN strongly hope that the UN
\nCommission on Human Rights will recommend Korean government immediately stop from punishing
\nthe conscientious objectors as criminals and prepare a special measure to release conscientious
\nobjectors. Even before release, to the prisoners of conscientious objectors, reasonable parole should
\nbe admitted as soon as possible, and they should be able to have a religious meeting during
\nimprisonment without any discrimination. Also MINBYUN expect that as one of measures for solving
\nthe issue of conscientious objection to military service, Korean government should newly legalize
\nconscientious objection to military service as human right and introduce alternative system so that the
\nconscientious objectors may not be punished as criminals. This change of policy will greatly and
\ndrastically contribute to democracy in Korean society, and will be in accordance with the policy of
\nnational defense in real meaning.<\/p>\n","protected":false},"excerpt":{"rendered":"
E\/CN.4\/2002\/NGO\/126 COMMISSION ON HUMAN RIGHTS Fifty-eighth session Item 11 (g) of the provisional agenda 1. MINBYUN-Lawyers for a Democratic Society was established in 1988 to contribute the democratization of Korean […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[2152,2151],"tags":[],"class_list":["post-57250","post","type-post","status-publish","format-standard","hentry","category-submissions-to-the-un","category-minbyun-voice"],"yoast_head":"\n