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Opinions on Conscientious Objection to Military Service [2005] KRNHRC 23 (1 October 2005)

The Commission confirmed that the right to conscientious objection is within the
boundaries of protection of the freedom of conscience prescribed in the Constitution
and the International Covenant on Civil and Political Rights, and made a
recommendation to the Speaker of the National Assembly and the Minister of National
Defense to introduce an alternative military service system that would enable
harmonized the right to conscientious objection with the Military Service Act.
Since its establishment in 2001, the Commission received nine petitions on
conscientious objection to military service, each of them essentially making requests
"to relieve conscientious objectors who are in jails by introducing an alternative service
system" and "to express an opinion on the unconstitutionality of the Military Service
Act to the Constitutional Court."

The Commission outsourced to outside experts theoretical and positive research on
recognition of alternative military service for conscientious objectors in Korea. After
reviewing the outcome of the research, the Commission held a public hearing with
officials from relevant state institutions in October 2005.

Based on the findings, the Commission confirmed that the right to conscientious
objection is within the protective boundaries of the freedom of conscience, given that
Article 19 of the Constitution includes the provision stating the freedom of conscience
as "freedom not to be forced into actions that are against one's conscience (freedom of
conscience realization by nonperformance: right to conscientious objection)."

However, the Commission also advised that
1) in case of where an alternative military service system is introduced, it would be
necessary to have an appropriate authority to exercise fair judgment on whether to acknowledge
the adequacy of alternative military service;
2) the length of the alternative service could exceed that of ordinary military
Improvement of Statutes, Legal Systems, Policies, and Practices on Human Rights 33
service in the initial stage but should later be gradually reduced according to
international standards; and
3) the boundaries of alternative service should be adopted in keeping with societal needs
in areas that require volunteerism and self-sacrifice for the peace and welfare of the society,
maintenance of order, and protection of the public.