On October 26, 2020, for the first time in history, conscientious objectors to military service in South Korea were given the opportunity to perform alternative civilian service. However, it quickly became obvious that South Korea’s alternative service system is punitive and discriminatory, both in its duration and severity. The 36-month alternative service is twice the length of active military service, which is contrary to international standards. Moreover, during this three-year period, conscientious objectors are detained in dormitories located inside prison facilities, as if they were under house arrest, and serve under severe restrictions.

Many domestic and international experts, including the UN Human Rights Committee and South Korea’s National Human Rights Commission, have noted that the system needs to be improved. According to international standards, alternative service should not exceed one and a half times the length of military service, unless there are reasonable and objective reasons. Successful alternative service programs do not severely restrict one’s freedom of movement and are free of all military involvement.

For these reasons, some South Korean Witness men have declined to accept this alternative service program. Some have filed complaints to the courts. On May 30, 2024, South Korea’s Constitutional Court dismissed all complaints to alternative service in a 5-4 decision. However, in its dissenting opinion, the court highlighted the punitive nature of alternative service: “Such alternative service would be nothing more than another form of punishment that violates the freedom of conscience of conscientious objectors.”

Woo-jin Byeon, a 29-year-old married man, is the first conscientious objector in South Korea to be imprisoned for objecting to the alternative service. As a conscientious objector he cannot accept military service, yet he felt that the alternative service was so punitive that it violated his constitutionally protected rights. After careful consideration, he made a personal decision to respectfully decline alternative service. Although he expressed his willingness to accept a nonpunitive alternative service should it become available, on July 24, 2024, the court sentenced him to one year and six months in prison.

To date, 12 Witness men have objected to serve in the alternative service system, including Mr. Byeon, and 8 men are currently on trial. Depending on the outcome of their trials, they too face criminal punishment and imprisonment.

1. July 24, 2024

   Woo-jin Byeon is sentenced to 18 months in prison for his refusal of alternative service.

2. November 10, 2022

   After receiving a notice of enlistment, Woo-jin Byeon sends a letter to the Military Manpower Administration objecting to military service and alternative service for reasons of conscience.

3. October 26, 2020

   The South Korean government initiates alternative service for conscientious objectors.

4. November 1, 2018

   South Korea’s Supreme Court decides in a 9-4 decision that conscientious objection does not constitute a crime.

5. June 28, 2018

   South Korea’s Constitutional Court declares a section of the Military Service Act unconstitutional, as it does not provide alternative service for conscientious objectors.

6. October 18, 2016

   Gwangju Appellate Court renders the first not-guilty decisions on appeal by three conscientious objectors.

7. August 30, 2011

   Constitutional Court again upholds law punishing conscientious objectors.

8. August 26, 2004

   Constitutional Court upholds the constitutionality of law punishing conscientious objectors.

9. 1975

   Government institutes coercive military conscription requiring 100 percent participation.

10. 1973

    Government begins torture of imprisoned Witnesses that persists into the mid-1990’s.

11. 1953

    Government imprisons first Witness conscientious objector.