Editing Conscientious objector (section)

===South Korea===
{{see also|Conscientious objection in South Korea}}
The terminology conscientious objector technically has not existed in Korean dictionary until recently. In fact, significant majority of Korean citizens simply associate conscientious objectors with draft dodging, and are unaware of the fact that conscientious objector draftees in other westernized countries are required to serve in alternative services. Since the establishment of the [[Republic of Korea]], thousands of conscientious objectors had no choice but to be imprisoned as criminals. Every year about 500 young men, mostly Jehovah's Witnesses,<ref name="jw-media">{{cite web |url=http://www.jw-media.org/kor/index.htm |title=South Korea |work=Jehovah’s Witnesses Official Media Web Site |access-date=2012-04-13 |url-status=dead |archive-url=https://web.archive.org/web/20120525232027/http://www.jw-media.org/kor/index.htm |archive-date=2012-05-25 }} Imprisonment of conscientious objectors to military service]</ref> are arrested for refusing the draft.<ref name="nojail">{{cite news|url=https://www.reuters.com/article/us-korea-objectors-idUSSEO29904620080902|title=South Korea military objectors say don't jail pacifists|date=2 September 2008|access-date=12 August 2017|newspaper=Reuters}}</ref>

South Korea's stance has drawn criticism from The U.N. Human Rights Committee, which argues that South Korea is violating article 18 of the ICCPR, which guarantees freedom of thought and conscience. In 2006, 2010, and again in 2011 the U.N. Human Rights Committee, after reviewing petitions from South Korean conscientious objectors, declared that the government was violating Article 18 of the ICCPR, the provision that guarantees the right to freedom of thought, conscience and religion.<ref name="koreaherald.heraldm.com">{{Cite web|url=http://koreaherald.heraldm.com/common/redirect.jsp?news_id=20110919000963&category_id=020604000000|title=Should conscientious objectors be jailed?|date=2011-09-19|website=[[Korea Herald]]|language=en|access-date=2012-01-08|archive-url=https://archive.today/20130125043104/http://nwww.koreaherald.com/view.php?ud=20110919000963|archive-date=2013-01-25|url-status=dead}}</ref>

The government's National Action Plan [https://web.archive.org/web/20120402150820/http://www2.ohchr.org/english/issues/plan_actions/docs/Korea_Summary_NHRAP.doc (NAP)] for the Promotion and Protection of Human Rights has not shown a clear stance on the pressing human rights issues such as, among other things, the rights of conscientious objectors to military service.<ref>[http://blog.peoplepower21.org/English/20784 Second Session of the Universal Periodic Review (UPR)] {{webarchive|url=https://web.archive.org/web/20080726144917/http://blog.peoplepower21.org/English/20784 |date=2008-07-26 }}</ref>

In September 2007, the government announced a program to give conscientious objectors an opportunity to participate in alternative civilian service.<ref>[https://www.koreatimes.co.kr/www/news/nation/2007/09/205_10373.html Conscientious Objectors to Get Non-Armed Services for 36 Months]</ref> The program stipulates three years of civilian service that is not connected with the military in any way. However, that program has been postponed indefinitely after the succeeding administration took office in 2008.<ref name="koreaherald.heraldm.com" />

The government argues that introducing an alternative service would jeopardize national security and undermine social equality and cohesion. This is amid an increasing number of countries which retain compulsory service have introduced alternatives. In addition, some countries, including those with national security concerns have shown that alternative service can be successfully implemented.<ref name="koreaherald.heraldm.com" />

On 15 January 2009 the Korean Presidential Commission on Suspicious Deaths in the Military released its decision acknowledging that the government was responsible for the deaths of five young men, who were Jehovah's Witnesses and had forcibly been conscripted into the army.
The deaths resulted from "the state's anti-human rights violence" and "its acts of brutality" during the 1970s that continued into the mid-1980s. This decision is significant since it is the first one recognizing the state's responsibility for deaths resulting from violence within the military.<ref name="deaths">[http://www.jw-media.org/kor/20090126.htm Korean government held responsible for deaths of five conscientious objectors] {{webarchive|url=https://web.archive.org/web/20100111130234/http://www.jw-media.org/kor/20090126.htm |date=2010-01-11 }}</ref><ref>{{cite web|url=http://www.koreaherald.co.kr/NEWKHSITE/data/html_dir/2009/01/17/200901170008.asp|title=Abuse blamed for mysterious deaths in army|date=2009-01-17|website=[[Korea Herald]]|access-date=2009-12-21|archive-url=https://web.archive.org/web/20110811142027/http://www.koreaherald.com/national/Detail.jsp?newsMLId=20090117000008|archive-date=2011-08-11}}</ref>
According to the commission's decision, "the beatings and acts of brutality committed against them by military officials were attempts to compel and coerce them to act against their conscience (religion) and were unconstitutional, anti-human rights acts that infringed severely upon the freedom of conscience (religion) guaranteed in the Constitution."<ref name="deaths" />

The records of conscientious objectors to military service are kept by a governmental investigative body as criminal files for five years. As a consequence, conscientious objectors are not allowed to enter a government office and apply for any type of national certification exam. It is also very unlikely that they will be employed by any company that inquires about criminal records.<ref>[http://jw-media.org/kor/20081231rpt.htm Restrictions on Religious Freedom] {{webarchive|url=https://web.archive.org/web/20100218010933/http://jw-media.org/kor/20081231rpt.htm |date=2010-02-18 }}</ref>{{cquote|Conscientious objectors ... often spend the rest of their lives tainted by their decision... Criminal records from draft dodging make it difficult for objectors to find good jobs and the issue of army service is often raised by potential employers during job interviews.<ref name="nojail"/>
}}

From 2000 to 2008, Korean Military Manpower Administration said that at least 4,958 men have objected to service in the military because of religious beliefs. Among those, 4,925 were Jehovah's Witnesses, 3 were Buddhists, and the other 30 refused the mandatory service because of conscientious objections other than religious reasons.<ref>{{cite web|url=https://www.koreatimes.co.kr/www/news/nation/2009/01/117_37552.htmlConscientious|title=Objectors Top 5,000|date=8 January 2009|access-date=12 August 2017}}</ref>
Since 1950, there have been more than 16,000 Jehovah's Witnesses sentenced to a combined total of 31,256 years for refusing to perform military service. If alternative service is not provided, some 500 to 900 young men will continue to be added each year to the list of conscientious objectors criminalized in Korea.<ref>{{cite press release |url=http://www.jw-media.org/kor/20110902.htm |title=Ruling allows Korea to continue imprisoning conscientious objectors |work=Jehovah’s Witnesses Official Media Web Site |date=September 2, 2011 |access-date=2011-10-07 |url-status=dead |archive-url=https://web.archive.org/web/20111007145556/http://jw-media.org/kor/20110902.htm |archive-date=2011-10-07 }}</ref>

In 2015, Lee Yeda was the first conscientious objector to be allowed to live in France via asylum.<ref>{{cite web|url=https://thediplomat.com/2015/05/a-korean-conscientious-objector-in-paris/|title=A Korean Conscientious Objector in Paris|first=Yena Lee, The|last=Diplomat|access-date=12 August 2017}}</ref><ref>{{cite web|url=http://www.amnestyusa.org/news/news-item/south-korea-authorities-wrecking-lives-by-jailing-conscientious-objectors|title=News & Stories – Amnesty International USA|access-date=12 August 2017}}</ref>

In June 2018, the Constitutional Court ruled 6–3 that Article 5 of the country's Military Service Act is unconstitutional because it fails to provide an alternative civilian national service for conscientious objectors. {{as of|2018}}, 19,300 South Korean conscientious objectors had gone to prison since 1953. The Defense Ministry said it would honor the ruling by introducing alternative services as soon as possible.<ref>{{cite web |url=https://www.nytimes.com/2018/06/28/world/asia/south-korea-military-service-conscientious-objectors.html |title=South Korea Must Offer Civilian Alternatives to Military Service, Court Rules |last=Sang-Hun |first=Choe |date=June 28, 2018 |website=The New York Times |access-date=June 29, 2018 }}</ref>

On 1 November 2018, the Supreme Court of Korea decided that conscientious objection is a valid reason to refuse mandatory military service, and vacated and remanded the appellate court's decision finding a Jehovah's Witness guilty of the objection.<ref>{{cite web |url=https://www.reuters.com/article/us-southkorea-military/south-korea-supreme-court-allows-conscientious-objection-to-military-service-in-landmark-ruling-idUSKCN1N63GZ |title=South Korea Supreme Court allows conscientious objection to military service in landmark ruling |last=Lee |first=Joyce |date=December 30, 2018 |website=Reuters |access-date=March 17, 2019 }}</ref>