Korea's Supreme Court Accepts Secular Conscience Objection To Military Service

Korea JoongAng Daily reports that for the first time yesterday, Korea's Supreme Court held that a non-religious conscientious objector is entitled to an exemption from annual reservist training:

Reading the top court’s ruling, presiding Judge Lee Heung-goo said, “Although it is not based in religious belief, the defendant’s rejection of reservist training stems from a sincere conscientious objection grounded in his ethical, moral and philosophical convictions. We therefore see this as a justifiable application of the provision in the Reserve Forces Act for declining participation.”...

At his Supreme Court trial, the man testified, “Growing up under a violent father, I underwent a self-awakening about the use of force. Later, I saw a video of American soldiers shooting civilians from a helicopter, which led me to renounce the idea of possibly killing or murdering another human being.”

(See prior related posting.)

South Korea's Constitutional Court Invalidates Criminal Adultery Law

By a vote of 7-2 yesterday, South Korea's Constitutional Court struck down the country's 1953 law criminalizing adultery.  The New York Times reports that an opinion joined by 5 of the Justices said that the law has often been misused to force a divorce or blackmail married women. Under the law, cases could be brought under the law only if a spouse brought a complaint, and prosecutors could not continue the case if a spouse chose to drop it. In four previous challenges to the law between 1990 and 2008, the Court had upheld it. Sungkyunkwan, a Confucianist organization, called yesterday's decision deplorable.

Korean Court Says It Cannot Review Church Disciplinary Actions

Inside Korea reports that last Friday, a Korean appellate court held that civil courts cannot review church disciplinary actions. The Seoul High Court dismissed a suit by a former priest, identified only as Kim, who was suspended in 2005 after allegedly embezzling funds of the Samsungsan Cathedral.  He was defrocked after he filed civil suits against the Cathedral in protest of his suspension. The court said in part:

Our Constitution guarantees the freedom of religion and strictly separates the church and state. The freedom of managing and organizing religious councils must be provided for to the utmost.

Separately Kim is facing criminal charges over misappropriation of $74,000 in Cathedral funds.