On December 9, 2016, South Korea’s National Human Rights Commission (Commission) submitted its opinion regarding cases of complaints now under consideration by the Constitutional Court. That opinion examined the right to conscientious objection to military service. Reasoning from the latest human rights standards, it concluded that it is a fundamental human right beyond any restriction and one that the government must protect.

Significantly, the Commission’s opinion determined that this fundamental human right is a “justifiable ground” for not performing military service. It urged the government to harmonize the constitutional values of freedom of conscience with the duty of military service through “a socially meaningful alternative service.”

The current practice of imprisoning conscientious objectors serves no purpose, the opinion observed, stating: “Punishment should have the effect of suppressing or preventing criminal offenses. However, most conscientious objectors do not regret their decision or give up on their decision in fear of punishment. . . . Therefore punishment has no effect.”

The Commission reaffirmed its December 26, 2005, decision that the Republic of Korea should introduce an alternative service that allows the right to conscientious objection and the duty of national defense to harmoniously coexist. Compelled by its mandate to support human rights, the Commission submitted its opinion to the Constitutional Court for the Court’s deliberations.