‘병역기피자 해고 강제법’에 “소명 기회 줘야”…헌법불합치 결정

The Constitutional Court ruled on August 27 that the military exemption law's provision for mandatory dismissal of conscientious objectors is unconstitutional, stating that it unfairly infringes upon the freedom of occupation and is unreasonable. The court made this decision in a constitutional petition case involving a conscientious objector.

The case involved a man named Kim G who was charged with military exemption in 2015 for refusing to serve in the military due to his religious beliefs. He was acquitted of the charges in 2023 by the Supreme Court. However, Kim was subsequently dismissed from his job after his employer received a letter from the Incheon Military District stating that they could be penalized if they did not terminate his employment.

Despite his objection to the provision, Kim was ultimately dismissed. The court ruled that the provision is unconstitutional because it unfairly infringes upon the freedom of occupation and that the government must listen to the conscientious motivations of conscientious objectors before dismissing them. The court upheld the decision to request a law amendment from the National Assembly within two years.