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Attorney Baek Jong-geon

Baek Jong-geon’s license to practice law was revoked after he was sentenced to prison for refusing to perform his military service on religious grounds, and when the 34-year-old lawyer applied for his license to be reinstated, his application was rejected once again. Even after the Constitutional Court ruled that it was unconstitutional to prosecute conscientious objectors who don’t have the option of alternative service, the Korean Bar Association (chaired by Kim Hyeon) did not change its decision.

During a meeting on Oct. 16, the Korean Bar Association’s law license review board rejected Baek’s application to be relicensed by a decision of five to four. “Despite the Constitutional Court’s ruling on the unconstitutionality [of prosecuting conscientious objectors], there were objections to reissuing a license because this still counts as grounds for legal disqualification through the end of 2019, provided that the law is not revised [beforehand].”

Baek, who is a Jehovah’s Witness, was given a prison sentence of one year and six months after he refused to perform his military service in 2016. The Attorney-at-Law Act states that an individual sentenced to prison is not qualified to practice law until five years have passed since their sentence was carried out. That’s why Baek was disqualified from practicing law, but critics have said that conscientious objection should be viewed as a human rights issue and that it’s inappropriate to treat it the same way as other criminal offenses.

The Korean Bar Association also rejected Baek’s previous application for the reinstatement of his license in Oct. 2017. Five of the board members, representing a majority, opposed the application because of the importance of military service and the respect that must be accorded to the law as it stands. Baek reapplied for his law license after the Constitutional Court’s ruling that parts of the Military Service Act were unconstitutional.

Prior to the Korean Bar Association’s review, the Seoul Bar Association (chaired by Lee Chan-hui) submitted its opinion that Baek was qualified to get his license back, but this didn’t sway the Korean Bar Association’s decision.

“This is very disappointing since it apparently doesn’t take into account the original purpose of the Attorney-at-Law Act, which emphasizes the mission to advocate human rights. But I won’t give up and will continue my efforts,” Baek said.

The Seoul Bar Association is considering the option of requesting a presidential pardon.

By Kim Min-kyoung, staff reporter

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