Every month, judges in South Korea face the same scenario. A young man identifies himself in court as a conscientious objector, and regardless of his personal circumstances, the judge pronounces the expected sentence of 18 months’ imprisonment. In his decision regarding one conscientious objector, Judge Young-sik Kim states: “The justices hardly believe that they are ‘punishing criminals’ when they deal with conscientious objectors.” The conflict he felt caused him to question the validity of the draft evasion statute as a sentencing guideline for conscientious objectors.

Witnesses sentenced to prison each month for conscientious objection: 40-50

Witnesses now imprisoned for conscientious objection: 602

Total of Witnesses imprisoned for conscientious objection since 1950: 17,840

South Korea refuses to recognize the right of conscientious objection to military service and has made no provision for alternative civilian service. Judges in South Korea cannot avoid this recurring dilemma and must convict conscientious objectors as criminals. Judges are also aware that the UN Human Rights Committee has ruled in several cases—involving 501 young men—that South Korea is violating its international commitments to respect fundamental human rights by prosecuting and imprisoning conscientious objectors. As a result, a growing number of judges grapple with their own conscience as they impose prison sentences on young Christian men whose conscience does not allow them to engage in military service.

At this time, six district court judges have referred conscientious objection cases to the Constitutional Court of South Korea, though the Constitutional Court ruled as recently as 2011 that the military service law is constitutional. The judges’ decisions also address practical concerns.