Court: S.Korea must allow alternative for military objectors

Court Watch

South Korea's Constitutional Court ruled Thursday that the country must allow alternative social service for people who conscientiously object to military service, which is currently mandatory for able-bodied males.

The ruling requires the government to introduce alternative service by the end of 2019. It was hailed by activists as a breakthrough that advances individual rights and freedom of thought.

It is also likely to trigger a heated debate in a country which maintains a huge military to counter North Korea threats, and where many have accused conscientious objectors of attempting to evade the draft.

Hundreds of conscientious objectors are imprisoned in South Korea each year, serving terms of 18 months or longer. Most are Jehovah's Witnesses who refuse to serve in the military on religious grounds.

"Too many people have been forced to choose between prison and the military, and when they choose prison, a term of 1 1/2 years has been almost automatic," said Lim Jae-sung, a human rights lawyer who has represented contentious objectors. "This is great news for those who are currently on trial or will conscientiously object to military service in the future as we probably won't be marching them straight to jail."

The court said the current law, which does not permit alternative service, is unconstitutional because it infringes excessively on individual rights.
 
The court acknowledged that conscientious objectors experience "enormous disadvantages" in addition to their prison terms, including restrictions in public sector employment, maintaining business licenses and social stigma.

Related listings

  • Constitutionality of murder conviction upheld by high court

    Constitutionality of murder conviction upheld by high court

    Court Watch 04/16/2018

    The South Dakota Supreme Court has upheld the constitutionality of a man's conviction for killing his 4-year-old son.Forty-four-year-old Chris Miller was sentenced to life in prison for the death of his son, Jacob Miller, and an additional 50 years f...

  • Supreme Court wrestles with administrative law judge case

    Supreme Court wrestles with administrative law judge case

    Court Watch 04/16/2018

    The Supreme Court wrestled Monday with a case brought by a former financial adviser known for his "Buckets of Money" strategy who is challenging the appointment of the administrative law judge who ruled against him.The case involves the Securities an...

  •  Trump travel ban is focus of Supreme Court's last arguments

    Trump travel ban is focus of Supreme Court's last arguments

    Court Watch 04/16/2018

    President Donald Trump's ban on travelers from several mostly Muslim countries is the topic of arguments Wednesday at the Supreme Court, with a Trump administration lawyer facing questions during the first half of arguments.The travel ban case is the...

Does a car or truck accident count as a work injury?

If an employee is injured in a car crash while on the job, they are eligible to receive workers’ compensation benefits. “On the job” injuries are not limited to accidents and injuries that happen inside the workplace, they may also include injuries suffered away from an employee’s place of work while performing a job-related task, such as making a delivery or traveling to a client meeting.

Regular commutes to and from work don’t usually count. If you get into an accident on your way in on a regular workday, it’s probably not considered a work injury for the purposes of workers’ compensation.

If you drive around as part of your job, an injury on the road or loading/unloading accident is likely a work injury. If you don’t typically drive around for work but are required to drive for the benefit of your employer, that would be a work injury in many cases. If you are out of town for work, pretty much any driving would count as work related. For traveling employees, any accidents or injuries that happen on a work trip, even while not technically working, can be considered a work injury. The reason is because you wouldn’t be in that town in the first place, had you not been on a work trip.

Workers’ compensation claims for truck drivers, traveling employees and work-related injuries that occur away from the job site can be challenging and complex. At Krol, Bongiorno & Given, we understand that many families depend on the income of an injured worker, and we are proud of our record protecting the injured and disabled. We have handled well over 30,000 claims for injured workers throughout the state of Illinois.

Business News