종교적 병역거부와 기독교 - 대법원 2018.11.1. 선고 2016도10912 전원합의체 판결에 대한 비판적 검토 - = Religious Objection to Military Service and Christianity: A Review on the Supreme Court Decision 2016Do10912 Decided Nov. 1， 2018

다국어 초록 (Multilingual Abstract)

On November 1， 2018 the Supreme Court (hereafter, “the Court”) ruled that the refusal of military service by a Jehovah’ s witnesses was deemed to be a just cause under Article 88, Paragraph 1 of the Military Service Act and remanded after reversal the pre-trial judgment that had sentenced him to imprisonment for one year and six months. Through this decision, the Court changed its conclusion in the previous cases.
However, it is difficult to accept the present judgment because of its disagreement with the general jurisprudence and with the common sense of the people. Above all, the Court tried to deal with the refusal of the military service from the point of view of freedom of conscience but finally just guaranteed his freedom of religious action. The Court’s incoherent explanation seems to be inadequate. The Court did not agree with the fact that the conscientious objection to military service may make a great difficulty in achieving the national defense. But it did not provide any grounds for it. The Court ruled that the imposition of the duty of military service to a conscientious objector and the punishment of the objector would be either an excessive restriction on freedom of conscience or a threat to its intrinsic content. But its demonstration was insufficient or omitted. The Court emphasized tolerance and inclusion for the minority, and argued for the permission of the military refusal. Should this opinion be sustainable even if the number of the conscientious objectors may increase so much?
It is now legislation that matters. It is necessary to design an equitable alternative service system that can harmonize the duty of national defense and the fundamental rights including freedom of conscience. The Korean Churches need to know what to do in these situations. Against the activities of religious groups asserting pacifism and disseminating wrong doctrines, and the diminution of the sense of security and national defense capabilities, Korean churches should pray and find out the wise measures.