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In a ruling, the Constitutional Court rejected a constitutional challenge to article 88 of the Military Service Act on the grounds of incompatibility with the protection of freedom of conscience, as proclaimed under the Korean Constitution. The Court stated, inter alia, that: Freedom of conscience is merely a right to make a request to the State to consider and protect, if possible, an individual's conscience, and therefore is not a right that allows for the refusal of one's military service duties for reasons of conscience, nor does it allow one to demand an alternative service arrangement to replace the performance of a legal duty.

Others are convicted and imprisoned each month. The authors claim that the absence of an alternative to compulsory military service in the State party amounts to a violation of their rights under article 18, paragraph 1, of the Covenant. State party's observations on admissibility and merits 4.

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The State party also notes that Taiwan has not been at war, while the Korean War was fought across the Korean peninsula and lasted for three years and one month from towhen a cease-fire agreement was finally signed. The war left one million dead from the south, and more than 10 million Koreans were separated from their families. The State party submits that the cease-fire agreement is still effective in the State party, which distinguishes it from other countries.

The agreement has not yet been superseded by a new legal framework, such as a declaration to end the war or a peace agreement to ensure non- aggression and peace, despite continued efforts to this end. It fears that introduction of an alternative to military service would jeopardize national security. Thus, it is even more necessary to maintain the current policy of no- exception to military service so as to ensure sufficient ground forces.

Thus, for the State party, the recognition of conscientious objection and the introduction of alternative service arrangements should be preceded by a series of measures: Respect for conscientious beliefs and its manifestations cannot be enforced through the implementation of a system alone.

It is sustainable only if general agreement on the issue is achieved. Public opinion polls conducted in July and in September showed that The majority of the soldiers in the State party perform their duties under difficult conditions and some are involved in life-threatening situations.

They face the risk of jeopardizing their lives while performing their duty of defending the country.

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Indeed, six people died and 19 were wounded in the clash between South and North naval vessels in the Yellow Sea in June Thus, it is almost impossible to ensure equality of burden with those fulfilling military service and those performing an alternative one. It was only on 30 Julyin its general comment No.

The State party points out that both its Supreme and Constitutional Courts had ruled that the failure to introduce a system at the present time cannot be interpreted as a breach of the Covenant, and that the requisite article of the Military Service Act which punishes conscientious objectors is in conformity with the Constitution.

In conclusion, it requests the Committee to reconsider its previous view on this matter, in the light of the arguments presented.

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Another example is the State of Israel, which, sincehas been involved in military confrontations that have resulted in a much higher number of casualties than those the Republic of Korea has experienced over the last 50 years.

The State of Israel, nevertheless, exempts conscientious objectors from military service. The authors, further contend that reliance on public polls can be misleading; on 18 Septemberwhen the Ministry of Defence announced that it had decided to introduce alternative civilian service for conscientious objectors, it made reference to a poll showing that The authors quote two other polls showing a similar trend.

The State party did not object to any of them. The interpretation of the Committee [ Therefore, the Covenant does not automatically mean the recognition of the right to conscientious objection, nor does it exercise legally binding effect upon conscientious objection. Consideration of the merits 7. The Committee notes that in the present case, the State party reiterates the arguments advanced in response to similar earlier communications7 before the Committee, notably on the issues of national security, equality between military and alternative service and lack of a national consensus on the matter.

The Committee considers that it has already examined these arguments in its earlier Views,8 and finds no reason to depart from its earlier position. Although the Covenant does not explicitly refer to a right of conscientious objection, the Committee reaffirms its view that such a right derives from article 18, inasmuch as the obligation to be involved in the use of lethal force may seriously conflict with the freedom of conscience.

Compulsory military service without possibility of alternative civilian service implies that a person may be put in a position in which he or she is deprived of the right to choose whether or not to declare his or her conscientiously held beliefs by being under a legal obligation, either to break the law or to act against those beliefs within a context in which it may be necessary to deprive another human being of life. MR Waiting Seperti besarnya cintaku, Setiap menit, setiap detik, rasa sakit ini benar sampai kepada para pendengar.

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