E/CN.4/2006/5/Add.1
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corresponds to the information provided. There is no official record of Jehovah’s
Witnesses facing discrimination with regard to employment or other social services after
they leave prison. Since conscientious objection to military service is not permitted by
law, there is a realistic possibility tha t such individuals may experience disadvantages.
However, this may be attributed purely to the free will of employers and does not stem
from systemic discrimination.
296.
Regarding judicial procedures, the Government informed that on July 15, 2004,
the Supreme Court ruled that conscientious objectors to military service were guilty of
violating the Military Service Law. On August 26, 2004, the Constitutional Court
confirmed that Article 88 of the Military Service Law, intended to penalize the evasion of
conscription, is constitutional. However, the Court indicated that there is a need for the
legislature to develop a national solution in order to protect the conscience of
objectors to military service. In November 2004 a revision bill which aims at providing
Alternative Service for conscientious objectors to military service was proposed and this
is under discussion at the National Assembly.
297.
The Government further indicated that in light of the specific circumstances in
the Republic of Korea, conscientious objection to military service needs to be restricted as
it may be harmful to national security.
298.
Unlike the freedom to form or determine inner conscience, the freedom to
object to fulfilling the duty of military service for reasons of religion or conscience
may be restricted by Clause 3 of Article 18 of the International Covenant on Civil
and Political Rights for public causes in that it manifests or realizes one's
conscience through passive non performance.
299.
Given the specific security circumstances in the face of a hostile North
Korea, the Republic of Korea, the world's sole divided nation, has adopted the
Universal Conscription System, which recognizes all citizens' obligation to
perform military service. Thus, the principle of equality in military service duty
and responsibility carries much greater significance in the Republic of Korea than
in any other country.
300.
Considering the strong social demand for and expectation of equality in
the performance of military service, allowing exceptions to military duty may
undermine social unity and greatly harm national capabilities by giving rise in
society to the problem of inequality in the obligation to fulfil military service.
301.
Furthermore, the approval of conscientious objection to military service
while military manpower is still the mainstay of national defence may lead to the
misuse of conscientious objection as a legal devise to evade military service. This
would be greatly detrimental to national security by destroying the oasis of the
national military service system, the Universal Conscription System. This is of
particular concern in light of the social trend of attempting to evade military
service duty by using any and every means possible.
302.
Various considerations in the Republic of Korea mean that the time is not
right for the adoption of the Alternative Service System even though it is under
discussion at the National Assembly.