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I would like to hear an opinion of conscientious objector

hun J

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Nov 13, 2015
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first of all my english is not enough for making perfect posting
so hope you would undetstand me.

Im going to show some news article and want to hear your opinion about this problem
becuase my friend is under this problem and seek a way to flee from this.

(sorry ??? im not allowed to post links but you can search 'south korean conscientious objector refugee' on google and read some articles. such as from the guardian or nytimes)


he is same situation which is dscribed in that two articles.
he has no choice to get away from the situation becuase there is no alternative service at all and Korea gov doesnt seem to make any alternative ones.
only should be imprisoned for 18 months and after coming out of there, it is so difficult to find a job. so which means this situation makes him useless man for many years.

I hope he would get a refugee status in canada but I dont know about refugee something
thats why Im here to get an opinion!
thanks.
 

scylla

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No - he won't be accepted as a refugee by Canada. Mandatory military service is not accepted as grounds for a refugee claim.
 

hun J

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Nov 13, 2015
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scylla said:
No - he won't be accepted as a refugee by Canada. Mandatory military service is not accepted as grounds for a refugee claim.
thank you for your reply.

ha won't be accepted even though United Nations Human Rights Council and rights groups keep urging K.gor to offer alternative services and he doesnt try to escape from going to military just for fear ?

he is also a member of that religion on that article too. so he's been raised up with biblical principle which is that no killing people. thats why he doesnt want to go to military.

and according to UNHRC report, 9 out of 10 conscientious objectors in the world are South Korean and that people in korea are almost Jehovah's witness. I heard they have refused to get in military from Korean war becuasw of their faith which is based on the bible and we can know lots of people from that religion in Germany did too during the second world war. so Im sure he isn't trying to avoid military becuase of just fear.


I got this article from google. hope you would read this and consider again. so that I will tell him information

-
SEOUL, July 15 (Yonhap) -- More than nine out of 10 people being imprisoned worldwide for refusing to serve in the military on the grounds of freedom of thought, conscience, or religion are South Koreans, a report showed Monday.

According to the report released by the U.N. High Commissioner for Refugees (UNHCR) earlier this month, of the 723 conscientious objectors worldwide, 92.5 percent or 669 are South Korean nationals.

In South Korea, all able-bodied men are required to serve about two years in compulsory military, and conscientious objectors who refuse to serve without justification face up to three years in prison if convicted.

Noticeably, 17,208 South Korean male members of the Jehovah's Witnesses have been criminally punished since 1950 for refusing to perform in the military service for their religious beliefs, the report said.

The report said that many countries have either abolished or postponed mandatory military conscription, citing examples such as Germany and Croatia.

Furthermore, the UNHCR recommended that an alternative civilian service should be granted for those who refuse to serve due to their conscience and that the objectors opt to perform a period of social work instead.

In 2007, the South Korean government announced a program to give conscientious objectors an opportunity to participate in alternative civilian service. The program stipulated civilian service not connected with the military in any way.

That program, however, was postponed indefinitely after the former Lee Myung-bak administration took office in 2008.

The issue has long been debated in the country, as some argue that the punishment violates the international human rights law that guarantees freedom of thought, conscience and religion.

However, others say that introducing an alternative service would jeopardize national security, and undermine social equality and cohesion.

Recently, the country has drawn criticism from international organizations that argue that South Korea is violating an international human rights article that guarantees freedom of thought, conscience and religion, they said.

The U.N. Human Rights Committee ruled in October that the South Korean government had violated the International Covenant on Civil and Political Rights by imprisoning and punishing people for refusing to serve in the military.

The committee emphasized that "the right to conscientious objection to military service is inherent in the right to freedom of thought, conscience and religion."

Despite such calls, the country's top court last week finalized a jail term for a 21-year-old man, identified only by his surname Choi, to one and a half years behind bars, for failing to participate in mandatory military conscription.

The Constitutional Court twice ruled in 2004 and 2011 that the law punishing the conscientious objectors is constitutional.

The court said in its ruling that the punishment did not severely violate the constitutional freedom of religion and conscience given that South Korea is technically in a state of war with North Korea following a cease-fire that halted the 1950-53 Korean War.
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CanadianForces

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May 6, 2015
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Hey OP,

Yes, he can still get refugee status in Canada.

However, as indicated by Scylla earlier in this post, mandatory military service is not accepted as grounds for a refugee claim. Being prosecuted for failing to comply with mandatory military service is not generally considered persecution. To being a conscientious objector and the fear of being prosecuted for desertion is not sufficient to prove a well-founded fear of persecution.

To get refugee status in this case, the refugee claimant has to adduce evidence suggesting that he refuses to perform his mandatory military service because of convictions that are grounded on his religious beliefs, philosophical tenets or ethical considerations. He has to demonstrate that he has deep religious or philosophical beliefs that led him to object to military service, or that he belongs to an organization of conscientious objectors

For more details, search for the paragraph "9.3.6. Military Service: Conscientious Objection, Evasion, Desertion" on the following link for the Immigration and Refugee Board website:
http://www.irb-cisr.gc.ca/Eng/BoaCom/references/LegJur/Pages/RefDef09.aspx
 

Drebeat

Member
Jun 5, 2013
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Hi Hun, I'm appreciative of your friend's situation and was unaware of the lack of alternative service in SK. I understand the motives involved in avoiding service both from a religious as well as a practical standpoint but even though there is no alternative service, the chances of ever firing a shot in anger are small despite the fact your nation is still at war and, I also wonder, is there opportunity to serve in more benign roles such as a medic, cook, transport individual or a clerk?
 

hun J

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Nov 13, 2015
3
0
Drebeat said:
Hi Hun, I'm appreciative of your friend's situation and was unaware of the lack of alternative service in SK. I understand the motives involved in avoiding service both from a religious as well as a practical standpoint but even though there is no alternative service, the chances of ever firing a shot in anger are small despite the fact your nation is still at war and, I also wonder, is there opportunity to serve in more benign roles such as a medic, cook, transport individual or a clerk?
Drebeat said:
Hi Hun, I'm appreciative of your friend's situation and was unaware of the lack of alternative service in SK. I understand the motives involved in avoiding service both from a religious as well as a practical standpoint but even though there is no alternative service, the chances of ever firing a shot in anger are small despite the fact your nation is still at war and, I also wonder, is there opportunity to serve in more benign roles such as a medic, cook, transport individual or a clerk?
there is a kind of anternative service in Korea wich includes military training during couple of weeks
bur for conscientious objector there is not becuase they dont want to do all kind of military training, actually at least take a gun.
 

scylla

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hun J said:
there is a kind of anternative service in Korea wich includes military training during couple of weeks
bur for conscientious objector there is not becuase they dont want to do all kind of military training, actually at least take a gun.
Your question has already been answered. The chances of success are extremely low.

It sounds like your friend is trying to find an easy way of getting to Canada - in other words, he's trying to find a short cut. Canada's refugee program is not for people who are trying to find short cuts - it's for people whose lives are actually in danger right now. If he really wants to move here, I would recommend he look into immigrating to Canada through one of Canada's economic streams instead.