Alternative Service Denied to Conscientious Objector Convicted of Sexual Crime

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[Asia Economy Yang Nak-gyu, Military Specialist Reporter] The first case of rejection has emerged in the review process for alternative military service for conscientious objectors. Although the individual refused military service based on freedom of conscience such as religious beliefs, the court ruled that it contradicts the belief because the person was criminally tried for digital sex crimes against children.

On the 3rd, the Alternative Service Review Committee (hereinafter referred to as the Review Committee) announced that it had rejected Mr. A's application for alternative service submitted at the end of March on the grounds of religious belief.

Mr. A formed a conscience that forbids any form of violence based on the religious teaching "Love your neighbor and never practice war again," and applied for alternative service claiming he could not perform military service accordingly. Mr. A had been learning the Bible and consistently participating in religious activities such as attending gatherings since childhood.

However, during the review process, the Review Committee confirmed that Mr. A was criminally tried in November 2019 for acts corresponding to digital sex crimes against children. Mr. A admitted all charges during police investigation and the alternative service review process and stated that he regrets and reflects on his actions as they contradict his religious doctrine.

Nevertheless, the Review Committee explained the reason for rejection, stating, "Considering that sexual violence was widely used as a military strategy in war, the digital sex crimes against women and children were seen as exhibiting violence similar to acts of war," and "It was judged to be seriously contradictory to the applicant's belief in refusing military service, who claimed 'Love your neighbor and never practice war again.'"

Meanwhile, the Review Committee, launched at the end of June last year, has received a total of 2,116 applications for alternative service so far, and among them, 1,208 have been accepted and decided as alternative service. Among the remaining applications, one was rejected, two were dismissed due to failure to submit documents, 24 were withdrawn, and 881 are still being processed. Of the 1,208 accepted, 793 were automatically accepted as they were previously accused of violating the Military Service Act before the introduction of the alternative service system but were acquitted following the Constitutional Court's ruling in June 2018 that the Military Service Act did not define alternative service as a type of military duty.

Four hundred fifteen people were decided for alternative service through a two-step process including preliminary and full review by the Review Committee. By reason, 1,204 people were accepted due to religious beliefs, making up the majority. Four people were accepted for alternative service based on personal beliefs, including active-duty soldiers subject to enlistment who were confirmed to engage in conscientious activities such as animal rights activism and practicing veganism, according to the Review Committee.

This content was produced with the assistance of AI translation services.