Friday, June 29, 2018

Conscientious objection finally recognized in South Korea

The Constitutional Court of South Korea yesterday recognized a right to conscientious objection, departing from two earlier decisions. The New York Times has a good report on the decision and its political and legal context. The government must provide alternate forms of national service. The ruling is not yet on the court's English-language website.

A check of the court's decisions, however, yields another interesting decision from 2016, concerning whether a riot-police constable can be detained in the guardhouse in disciplinary proceedings. Regrettably, the posted version is unclear since it seems to indicate that a 4-justice opinion was the majority, prevailing over a 5-justice dissent. Help!

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