Seoul court rules against (JW) pacifists who reject draft

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http://straitstimes.asia1.com.sg/asia/story/0,4386,261720,00.html

JULY 16, 2004
Seoul court rules against pacifists who reject draft

It says the threat from the North makes it necessary for all South Koreans, regardless of religious beliefs, to do military service

SEOUL - The Supreme Court ruled yesterday that rejecting military service because of religious faith is illegal.

It said that the military confrontation between North and South Korea made the draft system an indisputable necessity.

The ruling dealt a blow to some 300 Jehovah's Witnesses and other pacifists on trial for rejecting universal conscription.

Human rights groups have urged the government to revise its conscription law to allow conscientious objectors to do alternative service, such as working at homeless shelters.

Before reaching 30, all physically fit South Korean men are required to serve two years in the South's 650,000-member military, which faces off against the North's 1.1 million-member armed forces across the world's most heavily armed border.

The mandatory service, however, has led South Korea to have one of the world's largest populations of jailed conscientious objectors, with 440 in jail.

In its verdict, the court said military service was the 'most basic duty that makes the existence of the nation possible'.

It said the obligation to serve in the military can limit the constitutionally guaranteed freedom of religion and conscience.

'South and North Korea remain divided and engaged in a military confrontation. Given our nation's special security situation, where instability and unpredictability persist, the military duty must be emphasised the more,' it said.

Since the 1940s, South Korea has imprisoned 10,000 conscientious objectors, almost all of them Jehovah's Witnesses.

Tensions on the Korean peninsula have eased greatly since an unprecedented inter-Korean summit in 2000, emboldening human rights groups to challenge the prohibition against conscientious objection.

Yesterday's ruling upheld a lower court verdict that sentenced a Jehovah's Witness identified only by his last name, Choi, to 18 months in prison.

The Supreme Court expedited its deliberations after a lower court challenged its decades-old ruling on May 21 by freeing three Jehovah's Witnesses.

In a ruling that prosecutors appealed against, the lower court said religious freedom was grounds enough to reject the mandatory military service.

Some courts have since refused to issue arrest warrants for conscientious objectors, but others have given them prison terms.

Many have suspended hearings amid the controversy.

Those courts are expected to reopen their cases after yesterday's ruling.

'We will continue to fight,' said Mr Choi Jung Min, head of a civic group that is lobbying the National Assembly to revise the conscription law.

The Constitutional Court is also deliberating over a 2002 lawsuit in which a Jehovah's Witness claimed that it is unconstitutional to punish conscientious objectors.

For decades, national defence has been a top priority in South Korea, which is still technically at war with the North after the 1950-53 Korean War ended with a shaky truce. -- AP

johnny cip

good throw them in jail or send them to north korea, teach them freedom is not free . if all the south koreans were jw's the north would have marched in there years ago. god dam jw's want to have all the constatutional freedoms . but will not to a thing to up hold them. does any one have the figures on the great work the jw's are doing in north korea. i'm sure it's a big fat zero. i say all jw's including the gb should have to go to north korea and lets see how many come back. since they like to be purseacuted so much. what a bunch of hypocrites. john

shamus

god dam jw's want to have all the constatutional freedoms . but will not to a thing to up hold them.

Not a dammed thing other than complain. They fight for freedoms in a world 'ruled by satan'... they speak with rulers who are under the DIRECT rule of satan himself... if you read what the WTBTS says... yet want help and whine when they do not get it.

Truly pathetic and hypocritical.... maybe some apologist can make it make sense for all those lurkers out there in internet land... but don't count on it.

JAVA

Since the 1940s, South Korea has imprisoned 10,000 conscientious objectors, almost all of them Jehovah's Witnesses.

I don't think a nation is better off by jailing folks who are conscientious objectors. If a JW or Quaker or anyone else believes it is wrong to kill another, I believe a country is better served if this group performs another form of public service. Sticking people in jail is a drain to society, whereas working in a hospital or cleaning streets and neighborhoods benifits everyone.

On the other hand, if one claims to be a conscientious objector and refuses any service, jail might be the only alternative. Any country has a right and obligation to defend itself, and most citizens are willing to do their part. However, it's sad when young people are killed and kill because of poor leadership. I don't believe there is an easy answer to this issue . . .

Michael

Roski

Actually, there has been quite a bit of debate in South Korea about this very subject, with some JW winning the right to not go to the military and not go to jail. The article you have quoted is the English language version, and not reflective of the whole debate. Also, recently a survey found that a large majority of people between the ages of 25-40 saw the USA as the major enemy and not North Korea. As of this month, South Korea has dropped the title of 'worst enemy' in relation to North Korea. Perhaps you would be surprised at the level of sympathy for the north, which is why this issue with the JW's got so far in the legal system. I'm not defending JW's(although they suffered in jail a lot), just setting the record straight. South Korea has no love of the US and is moving toward recognition of the North's regime at a rapid pace; maybe not by soem academics, but certainly by the younger generation....those with an increasingly large vote.

JT

good throw them in jail or send them to north korea, teach them freedom is not free

######

while the emotional side of us may agree, the logical side says something different- rank and file jw will be impacted kids 17, 18 , 19 yrs old kids many times who were raised in this religion, not JR Brown or any other Bethel Heavy who makes rules over folks lives-

this is the whole point of why we are here - discussing the terrible impact that hIGH cONTROL GROUPS like jw have over their members- we all are impacted by wt goofy rulings in different ways, some more painful than others-

some here have not spoken to their kids, grandkid, mothers fathers in 10-20 yrs- many have had parents DIE AND NOT BE INFORMED BY THE BELEIVING JW- when i was at bethel leo greenleves GB bragged about how faithful these jw are

when a young man in many countries reach 18 they are asked toserve- AT THE TIME THEY EVEN REJECTED ALTERNATIVE SERVICE due to wt goofy rulings so in 4 yrs they would be brought up again,- they would reject and be sent back 4 yr, then they would be brought up again - reject AND GET 4 MORE YEARS

he told us that in some countries bro serve 12yrs,- think about this folks, a youing man gets out of prison at 30yrs of age, he is a felony ,can't get a job to take care of himself, wife or folks-

i had a friend who went to prison was raped and dealt with it by saying IT WAS FOR THE KINGDOM until the wt changed the alternative service rules and realized he had been duped, bamboozled and hoodwinked-

often times i see former jw REJOICE when a ruling like this comes down against jw, and while understand the feeling, it also shows how one has really missed the main issue- the poor jw in those countries will be beaten and killed many times, while JR tools around in his Q45 giving talks all over the country and getting Green Handshakes

the real folks are NEVER HARMED PEOPLE- DON'T YOU REALIZE THAT-

think of all the kids who are jw 14, 15 16 yrs olds who are trying to mentally prepare themselves to go to prison when they get 18 instead of enjoying their youth and prepareing for college at 18 they are preparing for prison-

so before you break out the champane bottles keep in mind WHO REALLY GETS HURTS

JUST MY 2

Mary

I don't think a nation is better off by jailing folks who are conscientious objectors. If a JW or Quaker or anyone else believes it is wrong to kill another, I believe a country is better served if this group performs another form of public service. Sticking people in jail is a drain to society, whereas working in a hospital or cleaning streets and neighborhoods benifits everyone.

I agree. Hasn't the Borg changed their minds (yet again) on "alternative service" saying that it's now okay? If so, then I think those that object to military service, like the Dubs, Amish, Mennonites, etc. should be allowed to to alternative service.

sunshineToo

This is an old news.

sf

I concur with johnny. And most always do, as he and I think alot alike when it comes to how much the jws leech off this world they claim to hate so much and can't wait for their jehovah god to destroy.

As I am saying in chat right now....

JWS TAKE THEIR FREEDOM FOR GRANTED IN A WORLD THEY HATE SO MUCH, THEN LEECH OFF OF AS THEY BASH IT

ITS TIME THEY SERVE THEIR COUNTRIES THEY LIVE IN

I'M IN FAVOR OF ALL JWS SERVING THEIR COUNTRIES
ITS ABOUT TIME
THEY SHOULD NOT BE EXEMPT
THEY HAVE MANY LIBERTIES
ITS TIME THEY GIVE BACK
THEY CRY ABOUT THEIR RIGHTS THEN BASH THIS WORLD AND CANT WAIT FOR IT TO END
ITS TIME THEY GET OFF THEIR ASSES AND FIGHT FOR THEIR LIBERTIES

funkyderek

It is the job of the government to protect the people, not the other way around. Those who do not wish to defend their government - or indeed their country - should not be forced to do so. If enough individuals are not willing to fight to protect a regime, then perhaps the regime should fall. Forcing people to support a system they don't believe in cannot possibly contribute to their freedom.

Seoul court rules against (JW) pacifists who reject draft

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