Constitutional Court Rules Mandatory Attendance at Religious Events in Army Training Center Unconstitutional

Constitutional Court: "Forcing Attendance Alone Restricts Religious Freedom"
Dissenting Opinion: "Attendance Measures Cannot Be Seen as Exercise of Public Authority"

Chief Justice Yoo Nam-seok and the Constitutional Court Justices entered the Grand Bench of the Constitutional Court in Jongno-gu, Seoul, on the afternoon of the 24th to begin the November ruling.
[Image source=Yonhap News]

[Asia Economy Reporter Heo Kyung-jun] The Constitutional Court has ruled that forcing attendance at religious events at the Army Training Center violates freedom of religion and is unconstitutional.

On the 24th, the Constitutional Court delivered an unconstitutional ruling by a 6 to 3 vote in a constitutional complaint case against the compulsory attendance at religious events within the Army Training Center, with the commander of the Army Training Center as the respondent.

The petitioners graduated from law schools and passed the 8th bar exam in 2019, and were appointed as public interest legal officers in July of the same year. The petitioners, who entered the Army Training Center, claimed that the training center forced them to attend religious events and that requiring attendance at one of the Protestant, Buddhist, Catholic, or Won Buddhism religious events held at the training center's religious facilities infringed on their freedom of religion and violated the principle of separation of church and state, and thus filed a constitutional complaint.

The Constitutional Court stated, "Forcing attendance at religious events held in religious facilities restricts the petitioners' freedom not to hold religious beliefs and their freedom not to attend religious assemblies," and judged that "the measure to compel attendance at religious events violates the state's neutrality toward religion and causes a close union between the state and religion, thereby violating the principle of separation of church and state."

On the other hand, Justices Lee Seon-ae, Lee Eun-ae, and Lee Young-jin dissented, stating, "The measure to compel attendance at religious events cannot be regarded as an exercise of public authority subject to constitutional complaint," and "Since the prohibition of forced attendance at religious ceremonies for soldiers is already reflected in the Military Service Act, it is difficult to recognize the need for constitutional interpretation, and therefore there is no benefit in adjudication."

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