War and Capitalism are permanently linked, opposition to both is considered “perversion” . This explains the acts of legal violence against anti imperialists and conscientious objectors. Below is a touching narrative by one brave and conscientious man whose only crime is that he refuses to participate in organized and institutionalized violence. Asian Human Rights Commission has issued an urgent appeal on his behalf. we appeal to all progressive people to take up the cause!
SOUTH KOREA: A man is awaiting imprisonment for his beliefs
The Asian Human Rights Commission (AHRC) has received information from ‘World Without War’, a non-governmental organization that Mr. MOON Myungjin, who refused to do compulsory military service based on his beliefs and conscience, is about to receive rigorous imprisonment through legal procedure. We wish to draw your attention to the fact that his imprisonment is another example in the country where approximately a thousand young men have been imprisoned annually, which has been going on for more than 50 years. They have been criminally prosecuted and imprisoned due to the failure of the government to provide an alternative service for those who refuse to take up arms either based on their beliefs or religion.
CASE NARRATIVE: (the statement below is written by Mr. MOON Myungjin)
The reasons for my objection to taking up arms
Going to jail instead of enlisting in the army has been one of the most crucial issues in my life. There is no one specific moment when I have chosen to refuse military service, nor is it easy to explain the reasons for my objection in simple terms. One thing is clear. It has become harder and harder to convince myself that I should take up arms as a soldier. So, this declaration will be a note that briefly describes my thought processes in arriving at the decision to become a conscientious objector.
I first pondered upon the state, the armed forces and war when the US-led war against Iraq broke out in 2003. I came to question what ‘national interest’ is, after having been to a protest against the Korean government’s decision to dispatch troops to Iraq. I asked myself who the national interest was meant for. I began to experience a discrepancy within my own thoughts and beliefs. I had been identifying myself with the state. I did not question the Korean saying ‘The physical strength of the individual is the strength of the nation’ learned through the national education system. I began to realize that the real world was far from what I had learned and believed it to be. This came about after experiencing the violence of the police against protestors. I had always considered the police to be ‘advocates of justice’.
I came to have firmer and clearer thoughts about my conscientious objection while engaged in the protest against the expansion of a US military base in Pyeongtaek in 2006.The villagers just wanted to spend their lives working the land on which they had grown up. Instead, the government mobilized the armed forces and riot police to evict them. In the early morning of May 4, I saw ruthless violence by the army and the police with my own eyes when their operation to crack down on the villagers as well as the protestors started. People either responded just as violently, or helplessly froze in the face of the overwhelming state violence. At that moment, on the one hand I was prepared to react in a nonviolent way in an effort not to become a devil while fighting back against the devil; on the other, I just felt a primal fear to see the armed forces, known to exist for national security, attack its own people as if they were the enemy.
For me the military is where the ability not to see a human being as human is internalized. While going through the experiences of seeing the violence of the riot police and armed forces in Pyeongtack, the candlelight vigil triggered by the import of US beef with mad cow disease and another forced eviction which took the lives of six people in Yongsan, I wondered how violence could be exerted by one human being against another. I tried to make myself understand how one person can fire a missile to where there exist people like him/her while I was watching the war in Iraq and Afghanistan on television. My conclusion was that you can point a gun only when you see others as not having the same feelings and needs as yourself. Now the meaning of being involved in the armed forces has come to me to act like a robot, there to be mobilized and to obey in favor of the state interests.
Awaiting the day I will (perhaps) be put in prison, I think of the children I met during my teaching practice this spring. It was indeed a pleasant experience to realize that I did matter to them; to see the kids wanting to grab my hands while walking together to the canteen and also wanting to have meals sitting beside me. I felt truly alive to see the kids coming to play rock-paper-scissors with me to have fun, writing me a letter expressing thanks for me passing back the pencil case which had fallen on the floor, and the kids telling me they wanted to become a student teacher like me. I wanted to willingly empathize with the happiness and the pain of each child.
Pedagogy that I studied in my university years raised questions of the nature of education and how growth and development in human beings happens. The question of what education is for led me to think about how I live my life and what I value most at the moment. Although it was only a month’s experience of teaching practice, I was able to conclude that the aim of education is to learn how to love each other. I believe that although we keep facing conflicts, we could develop ourselves through knowing the extent and limits of the self from the conflicts, and connecting with each other.
I understand ‘security’ as a stage where people can live feeling safe. It does not contribute to ‘security’ at all to learn to regard other human beings as less than human, and to train killing skills. I do not want to imagine myself going into the military, which is supposed to exist for national security, and adopting the feelings of fear and hostility against what is called ‘the enemy’. I have not wanted to join the mechanism whereby militarism, like the hierarchical and male-dominated culture, to which I am subjected, neglects individual conscience, prevails and reproduces by virtue of it being the military.
I remember visiting Laos PDR last month to participate in the first meetings of states parties to the Convention on Cluster Munitions. In Laos, one person a day on average loses his/her life due to unexploded ordnance of cluster bombs. This means that millions of cluster munitions the US dropped during the Indochina War still remain, affecting the people’s lives. With regards to cluster munitions, which have been already stigmatized as non-humanitarian weapons within the international community, the South Korean government still argues the need for cluster bombs, allegedly referring to the importance of national security, while South Korean companies such as Hanwha and Poongsan profit by producing and exporting cluster munitions.
The government is asserting that it should take a tougher stance against North Korea in view of the recent incident in Yeonpyeong Island. At the same time, the MLRS (Multiple Launch Rocket System), of which the Korean armed forces are proud, was described positively in the Korean media. However, it is not the North Korean artillery, but somebody’s life and our humanity that is devastated by the South Korean artillery. Not only should North Korea be criticized, but also South Korea should accept responsibility for the current state of heightened tension. Just as there have been several deaths in the South, there must also have been some people injured or killed in the North during the recent military conflict. The more we develop fear and hostility against each other continuously, the more tears will be shed by those affected by the violence.
No one being deserves to be killed. Both South Korea and the surrounding countries should stop playing the game of spending more and more on war expenditure. It is only a few in the ruling class and the munitions industry who take advantage of constantly waging hostility and increasing armament expenditure. Violence leads to a vicious circle of another retaliation and more violence. My conscientious objection is both the least and the best stance that I can take against this vicious circle of violence.
Thanks to my objection to military service, I have been able to reflect upon my own way of life. As already mentioned in somebody else’s declaration, I would have been able to deepen my thoughts on feminism and pacifism while pondering upon my conscientious objection, rather than the fact I was already pacifist before I decided to be a conscientious objector. I became a vegetarian and started riding a bicycle, having been inspired by the people I met through the peace movement group ‘World Without War’. I came to think a way of life in which I earn less, consume less and do as little harm as I could to the world. Looking back, it could be presumed that what constitutes the person I am now has come about since I started thinking of being a conscientious objector and while engaged in the peace movement.
On the contrary, it has been stressful sometimes for me to imagine the prison term which may come. At one stage, it was painful to envision myself in prison whenever I plan for the future. It was never easy to face my mother who tried to persuade me to reconsider my decision, saying I might have regrets after I finish the prison term. I was both saddened and angry to fall out with my parents who would argue it does not have to be me going to jail instead of military service, whereas I still feel some kind of guilt about going against what my parents have expected of me.
Last but not least, I would like to acknowledge the influence and the inspiration that I have received from my comrades, which have helped shape my thoughts. I believe that although it is me who has chosen to refuse military service, it is not a decision derived entirely from my own original thinking. I suppose the reason that I have been able to confirm my decision to become a conscientious objector was not because I have firm and flawless beliefs, but because I have been fully inspired by others around me who practice a nonviolent way of life. For me, it would be more accurate to say that I have come naturally to take this choice of being a conscientious objector in the context of how I live, than as a special and exceptional choice.
I hope my conscientious objection would resonate among people, and so reassess the reasons for the existence of the armed forces. I would have liked to question the militarism in Korean society, which goes beyond the matter of relativism, such as one’s freedom of conscience competing against another’s freedom of conscience. I wish my conscientious objection to enable me to still be able to empathize with other human beings, as well as remain sensitive to their pain in the future.
Conscientious Objection to Military service in South Korea
For the past several decades, conscientious objectors against military service have been going to prison. Yet it was only after 2000 that the issue became known to the public. That the cumulative number of conscientious objectors who served prison sentences exceeded ten thousand at the time profoundly shocked Korean society. Long considered an issue for Jehovah’s Witnesses only, conscientious objection became a social ‘movement’ with the public declaration of the first non-Jehovah’s Witness conscientious objector, the pacifist and Buddhist Oh Tae-yang in December 2001. In early 2002, “Korea Solidarity for Conscientious Objection” (KSCO) was formed by 36 civil and social organizations. They began to raise public awareness about conscientious objection through various activities such as discussion forums, lectures, public hearings, campaigns, and written articles.
The criticism and scolding against the conscientious objection movement were tremendous at first. The idea of national security was so absolute in the anti-communist Republic of Korea that more armament was considered socially ‘good’, while any kind of counter-argument was severely repressed. In South Korea, society went through a series of militarist regimes where a 100% enlistment rate was set as a social objective and the conscription-based military system was sanctified. It was not possible to bring up discussions on probable changes in the military system. Under these circumstances, it was difficult to expect not only reflections on the military as state-monopolized violence but also different points of view based on democracy and tolerance. A movement for change, however, was slowly created by the tremendous amount of time in jail and the pain that conscientious objectors endured. This was coupled with the efforts made by both recent conscientious objectors who publicly announced their objection and their supporters.
Afterwards, the duration of the usual prison term sentence for conscientious objectors was cut down from three years to one and a half years. In 2002, a case of conscientious objection was appealed to the Constitutional Court for review for the first time, and in 2004, a conscientious objector received a verdict of not guilty for the first time. In late 2004, assemblymen Mr. Im Joing-In and Roh Hoe-Chan each submitted a Military Service Act Amendment Bill to the South Korean National Assembly. In late 2005, the National Human Rights Commission of Korea announced a recommendation to introduce alternative service. This was a first time for a Korean national institute to do such a thing. In addition, the international community, upon recognizing the situation for Korean conscientious objectors, began to apply pressure on the Korean government. For example, the UN Human Rights Committee repeatedly ruled that the Korean government should consider alternate service for Korean conscientious objectors.
Thanks to these social changes, it appeared that the imprisonment of conscientious objectors which had continued for more than 50 years after liberation might end in the very near future. On September 18, 2007, the Ministry of National Defense (MND) announced plans to allow conscientious objectors to perform alternative civilian service, which was supposed to start in January 2009. In addition, at the Universal Periodic Review held in Geneva on May 7, 2008, the Chief of Human Rights Division of MND confirmed the position of Korea to introduce alternative service for conscientious objectors. But once the conservative Lee Myung-Bak government took office, MND suddenly changed its position. Having made little effort to prepare for alternative service with an excuse of ‘national consensus,’ MND publicly announced it would ‘nullify’ the introduction of alternative service for conscientious objectors in December 24, 2008. Their supposed basis for the decision was an opinion survey which was a very small part of the research commissioned by Military Manpower Administration in which there were more responses against alternative service. While the more-than-500-page-long research paper concludes that alternative service must be introduced, MND arbitrarily chose to use only part of the survey data for their own interests. The hard-fought changes by the civilian society were so easily overturned by the regime change. Up until now, more than 15,000 have been imprisoned for their objection to military service since Korea’s liberation from Japan in 1945. And in particular, more than 5,000 have gone through imprisonment since 2000, the year when the issue of conscientious objection began to be discussed in public.
Yet it was not only the CO movement participants who thought that the situation was unjust, but the militaristic and nationalistic Korean society had been changing slowly over the course of time and as the CO movement has continued. In the summer of 2008, the National Human Rights Commission of Korea officially expressed concern and sent a statement to MND, urging it to quickly introduce alternative service for conscientious objectors. This issue has been continuously raised in the judicial branch as well. There have been a series of requests with the Constitutional Court for a determination of constitutionality of the Homeland Army Reserve Act. In the current situation where legislative solutions are very unlikely, the Constitutional Court’s possible decision for conscientious objectors remains one of the possibilities. In 2010, UN Human Rights Committee pressed the Korean government once again by having its second ruling on individual CO communications. WRI, an anti-war organization which undertakes CO activities internationally, spread the news about Korea’s situation throughout the world.
In South Korea, about a thousand conscientious objectors are presently in prison.
Please send a letter to the authorities listed below and express your deep concerns about this case as well as the inaction of making alternative service possible.
Please be informed that we have also sent a separate letter to the UN Special Rapportuer on freedom of religion or belief.
SOUTH KOREA: A man should not be punished for his beliefs
Name of accused: Mr. MOON Myungjin, conscientious objector
Case & Charges: Case no. 2011GODAHN55; First trial held on March 16, 2011 at Single Criminal Court #3, Seoul Western District Court; article 88(section 1) of the Military Service Act
I am writing to voice my deep concern regarding the case of Mr. Moon Myungjin, who would not perform military service on the grounds of his beliefs and is going to be criminally prosecuted and imprisoned as a result.
According to the information obtained, Mr. Moon Myungjin who refused to be drafted within the prescribed period of time, whereupon he was accused under article 88(section 1) of the Military Service Act, was prosecuted and the first trial is scheduled to be held at Seoul Western District Court on March 18, 2011. Following previous cases, Mr. Moon would be put under court custody as soon as the court declares the sentences against him. I am also informed that it is most unlikely that Mr. Moon will be free from criminal imprisonment by the courts as there are hundreds of accused who had received one and a half years imprisonment before him. The hard fact is that there little room left for the lower courts to convert such decisions already made.
I am aware that the Constitutional Court delivered a decision on August 26, 2004, in a case unrelated to the current case of Mr. Moon. It rejected, by a majority vote, a constitutional challenge to article 88 of the Military Service Act on the grounds of incompatibility with the protection of freedom of conscience protected under the Korean Constitution. I would like to draw your attention in this judgment, to the fact that the Constitutional Court expressed that the legislature of South Korea has the responsibility to ease the conflict between freedom of conscience and the duty of a citizen as prescribed by the law. They should therefore consider taking appropriate action.
Sadly, as more time has passed, neither legislatures nor the concerned authorities, including the Ministry of National Defense, have made efforts to amend or make a law introducing alternative military service for the conscious objectors. All the more, the youth have become criminals. Having criminal records, they have been socially discriminated against and restricted in living.
Taking this opportunity, I would like to point out that the question has arisen that persons are going to be punished for a long time due to the inaction of the government. If a person is punished for such reasons, there will be also be a time coming in which the courts have to review earlier cases. The government might then have to undertake unbearable compensation for those who have been imprisoned due to such inaction. Furthermore, the court will not be free from criticism for taking no initiatives as the Seoul Nambu District Court made a judgment of acquittal to one conscientious objector in 2004.
I urge that a person who refuses to do compulsory military service on the grounds of his beliefs or religion should no longer be punished and imprisoned. The concerned authorities, in particular the President as well as the Ministry of National Defense, should introduce alternative service in order not to wrongly imprison the youth of the nation any more.
I take this opportunity to remind the government of South Korea of the need to establish a mechanism to provide the authors of the individual communications to the International Convention on Civil and Political Rights (ICCPR), to which South Korea is a state party, with effective remedies such as decriminalization of conscientious objectors, including compensation. In this regard, the Korean government has so far failed to establish or even discuss such mechanisms to implement the jurisprudence by the international human rights instruments including the UN Human Rights Committee. It will be nothing but a voice in the wind for the government to implement changes without having such a system in place in its domestic laws.
PLEASE SEND YOUR LETTERS TO:
1. Mr. Lee Myung-Bak
1 Sejong-no, Jongno-gu
REPUBLIC OF KOREA
Fax: +82 2 770 4751
E-mail: firstname.lastname@example.org or email@example.com or firstname.lastname@example.org
2. Mr. Lee Gui-Nam
Minister of Justice
88 Gwanmon-ro, Gwachon-si
Gyonggi Province 427-760
REPUBLIC OF KOREA
Tel: +82 2 503 7023
Fax: +82 2 2110 3079 / 503 7046
3. Mr. Kim Joon-Gyu
Supreme Prosecutor’s Office
REPUBLIC OF KOREA
Fax: +82 2 3480 2555
Tel: +82 2 3480 2000
4. Mr. Kim Kwan-Jin
Ministry of National Defense
No. 1, Yongsan-dong 3-ga
REPUBLIC OF KOREA
Tel: +82 2 748 1111
Fax: +82 2 748 6895
c/o Single Criminal Court #3 (ref. 2011GODAHN 55)
Seoul Western District Court
REPUBLIC OF KOREA
Tel: +82 2 3271 1114
Urgent Appeals Programme
Asian Human Rights Commission