Korean Jehovah's Witnesses Conscientious Objectors

"I am sorry, Kim trainee."

As a judge advocate I sentenced mechanically objectors who had rejected to take up arms. But now I am organizing a group of attorneys who work for CO.

 When I was a judge in the army in 1980s, most objectors who were behind bars were poor, but their hearts were pure. During working as a judge in a Nonsan military training camp, I met Kim trainee. Kim explained with serious attitude about causes of Jehovah's Witnesses (JW) rejecting to take up arms. I haven't forgotten him for 20 years.

 During the trial for Kim trainee, he stated his viewpoints by Jehovah's Witnesses commandment. In the court martial, lieutenant colonel attends as a judge with judge advocates. For Kim trainee's trial, one lieutenant colonel who was close to me attended. He said "You are a communist. Even worse than a communist. You can live in peace because we defend the nation. Because of us, you are enjoying your religious life. You are not a citizen of South Korea because you reject military duties." The comment of his was a common idea among the soldiers served in the military for a long time.

 But discussion like this is in a rare case in actual trials. Trials usually finish after uniformed courtesy questions and short answers about the questions. A prosecutor usually asks objectors such as "Are you a Jehovah's Witness? Do you reject senior officer's orders of taking up arms and accepting military training? . And a defendant shortly answers "yes". A judge advocate again confirms his intention of not taking up arms, and it finishes after a defendant's last short comment. It takes only 3 minutes for sentencing to 3 years imprisonment to young men who have lots of opportunities in the future. In Korea about 500 young men who are mainly in their early twenties are sentenced to 3 years imprisonment without any resistance.

 In 1980s if JW had rejected to take up arms, they were sentenced to 2 years which was the maximum sentence for mutiny according to Article 44 of Korean military law. However, from the beginning of 1990s, if senior officers had given guns twice to CO and the CO rejected those, they were sentenced to 3 years, which was long drawn out the half of the maximum sentence for mutiny. Seniors give guns first when they distribute uniform, and the next day they again give guns to JW' trainees for military training. If trainees reject to take up guns both days, it means that they reject seniors' orders twice, and they are sentenced to added imprisonment (3 years). Some judge advocates easily agreed with an idea of colonels who thought that CO shouldn't reject military service under the severe situation of North Korea threatening South. However, they rejected and made colonels angry so colonels thought that CO should be sentenced to the most strict punishment as long as the law allowed. This law was designed and funnily adapted in this situation. On Sep. 14. 1992 the court decision (92 DO1543) of the Supreme Court indicated its attitude. It read "If trainee rejects seniors' orders several times such as taking up arms and accepting military training, the number of mutiny can be applied to the number of orders. (If objectors rejected seniors' orders 4 times, they would be sentenced to 8 years of imprisonment.) After the large number of judge advocates criticized its strangeness of the way of applying to the law, Article 44 of military law was revised to 3 years for the maximum sentence for mutiny in 1994.Therfore, while the period of military service was reduced from 30 months to 26 months, the sentence for JW was increased. Some judge advocates have urged that even if they sentence JW for mutiny, the term of sentence shouldn't be more than the term of military service, while there isn't alternative service. Because living in the prison is harder than serving in the military. I personally thought that even 2 years of imprisonment is long.

 Nowadays the number of JW in Korea is 88,000, and every year about 500 young people are sentenced to 3 years imprisonment for mutiny.

 It is in a rare case that people are so indifferent, while so many people are in the prison as conscientious objectors. If 1,500 people were imprisoned for 3 years for the reason of urging democracy under the dictatorship, people wouldn't be so indifferent. The large number of citizens think that it is fare enough to sentence JW to imprisonment because there is prejudice about JW caused by rejecting blood transfusion to others, and Korean people never have had chance to deep concerning freedom of thought historically. Moreover, deeply rooted anticommunism is another cause to justify the punishment on JW.

 This kind of problem has been held in countries that have conscription system after WWII. More than 30 countries such as America, Germany, the Great Britain, Italy, Brazil, Mexico, the Republic of South Africa and Taiwan etc. admit conscientious objecting rights in their constitution or laws. America accepts the conscientious objection rights only by a religious reason. Moreover, Sweden and other many countries admit objection rights by religious and conscientious reasons. Germany also put the conscientious objection rights on its constitution at the first in the world. Nowadays the trend of issue for the policy of legislation shifts from only admitting conscientious objection by religious reason to accepting conscientious objection by moral, humanitarian, political reasons. (Yu Namsok, 'A Study of Legal on Conscientious Objection', 1985, The study of military law Vol.3)

It is time to admit conscientious objection by religious reason in Korea. This idea is based on the change of relationship between North and South Korea, mature of democracy and the change in the pattern of men power (number of solider) in contemporary wars. Moreover, I expect deeply concerned MNA's (members of the National Assembly) legislation activities. It will have positive effects on broadening citizens' freedom of thought.

 I am organizing a group of attorneys named "the Association of Attorneys for Democratic Society" who work for JW. We will defend JW who go on trials without attorneys. We will also defend the justification of JW' pacifism and suggest the constitutional appeal that the punishment for mutiny violates Article 19 of constitution which guarantees freedom of conscientiousness. 

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