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B. Opinion submitted to the Constitutional Court regarding conscientious
objection
Regarding the constitutional appeal for recognition of the rights of conscientious objectors
(appeal combining cases 2012Hunba15, 2012Hunba182, and 2015Hunba73), on 28 November,
the Commission submitted an opinion to the Constitutional Court that deemed criminal
punishment against conscientious objectors to be a violation of freedom of conscience, which is
a universal human right.
Previously in 2005, the Commission had recommended to the Speaker of the National
Assembly and the Minister of National Defense that an alternative civilian service system be
given that the right to conscientious objection comes under the freedom of conscience protected
and Article 18 of the International Covenant on Civil and Political Rights, among others. In
2008, it also urged the Minister of National Defense to establish a plan to implement alternative
civilian service for conscientious objectors.
The international community, including the United Nations, has continued to recommend that
the Republic of Korea recognize the right to conscientious objection and introduce an alternative
civilian service system through the 4th Concluding Observations in November 2015 of the
Human Rights Committee. While some objectors have been found not guilty in a lower court,
others are still being punished as criminals. Meanwhile, the government has not yet established
a proposed plan for alternative civilian service to accommodate conscientious objectors.
The Commission submitted its opinion to the Constitutional Court, stating that the act of
refusing to perform military service because of conscientious objection to war and killing
constitutes a universal human right guaranteed for all, even though it is not clearly stated as
such in the Constitution or human rights regulations. Moreover, punishment of conscientious
objectors as criminals is a violation of the freedom of conscience guaranteed under the
Constitution, especially since the state could resolve the issue between the obligation to serve in
the military and freedom of conscience through means of an alternative civilian service system.
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Commission's Major Activities
under Article 19 of the Constitution, Article 18 of the Universal Declaration of Human Rights,
Part II
introduced that would harmonize conscientious objection and the obligation to serve the nation,