The Gwangju District Court in South Korea is scheduled to hold a court hearing on December 8, 2022, in the case involving Brother Hye-min Kim. Hye-min is the first conscientious objector to decline the country’s alternative civilian service (ACS) because of its punitive nature. He faces a maximum sentence of 36 months in prison as well as a criminal record.

South Korea’s 36-month ACS is one of the longest in the world—twice the length of active military service. During this three-year period, conscientious objectors are detained, as if they were under house arrest, in dormitories located on prison facilities, and they are under severe restrictions. Therefore, rather than being a true alternative to military service, international experts have labeled South Korea’s ACS as “alternative punishment.” a

In a landmark decision on June 28, 2018, the Constitutional Court of South Korea, after recognizing that the Korean Constitution protects the rights of conscientious objectors, warned lawmakers who would define the ACS: “If the duration or severity of alternative service is excessive to the extent that conscientious objectors find it difficult to choose, this would defeat the purpose of the alternative service or degrade it to a mere form of punishment, causing violations of other fundamental rights.”

The international standard for alternative service was set forth by the United Nations Commission on Human Rights in a 1998 resolution. Countries with compulsory military service were reminded to provide conscientious objectors with forms of service that are “in the public interest and not of a punitive nature.”

For Hye-min, this is not the first time he has faced criminal charges. In September 2020, South Korea’s Supreme Court fully acquitted him as a conscientious objector to military service. Weeks later, he applied to perform ACS. He had to wait until February 7, 2022, to be called up for ACS. However, after fully considering the current ACS program’s punitive nature, he decided to respectfully decline.

If the court rules in Hye-min’s favor, it could move the government to consider restructuring the ACS program to meet international standards. Such a change would greatly benefit the Korean society at large as well as our brothers in South Korea and their families. In the meantime, we pray that all affected by this issue will continue to rely on Jehovah to help them “endure fully with patience and joy.”—Colossians 1:11.