Recently, the Constitutional Court dismissed a constitutional complaint filed by a man in his 20s who said the Army's short-hair policy infringes on his freedom of religion as a Sikh. The man was sent home due to illness a week after enlisting and was later excluded from active-duty service, meaning the hair policy did not actually apply to him.
However, as Korea becomes more multicultural, the "right to wear a turban in the military" could become a full-fledged legal issue in the future. That is because the children of naturalized Indian-origin Sikhs with Korean nationality may reach the age of military service in a few years.
◇ "I can't cut my hair because I am Sikh"… both constitutional complaints dismissed
According to legal sources on the 24th, the Constitutional Court dismissed on Apr. 29 the constitutional complaint filed by a person surnamed Yoon against the Army's hair policy in a unanimous decision by all justices.
Yoon received an active-duty enlistment disposition at a draft physical in May 2015. In May 2021, he was notified to enlist at the Army Training Center on Dec. 13, 2021.
Yoon filed a constitutional complaint in July of the same year. He said, "Under Sikh doctrine, one must not cut hair and must wear a turban," and argued, "The military hair policy requiring short hair upon enlistment infringes on basic rights, including freedom of religion."
Yoon then postponed enlistment citing a university transfer. He enlisted on Dec. 28, 2022, before the ruling on the complaint, but was sent home on Jan. 4 of the following year after an illness was found at the training center. In a reexamination last May, he was rated Grade 5, which is not subject to military service.
The Constitutional Court determined that since Yoon would not serve in active duty, it could not be seen that his basic rights were currently being restricted by the Army's hair policy. The purport was that the complaint failed to meet requirements because no actual infringement occurred.
Yoon filed a similar constitutional complaint in 2017, which was also dismissed. At the time, the Constitutional Court viewed the alleged infringement of basic rights as merely a potential future concern. It meant the court could assess constitutionality only if he actually enlisted and became subject to the hair policy.
According to legal sources, Yoon's parents are both Korean. During the proceedings, the Constitutional Court asked Yoon to submit the name of the religious leader he communicates with and the address of the religious facility, but he reportedly could not explain these clearly.
Sikhism is a religion that formed in the mid-15th century in the Punjab region of northwestern India under the influence of Hinduism and Islam. There are about 30 million believers worldwide, most of whom are of Indian origin. In accordance with the doctrine of "not damaging the form given by God," Sikhs do not cut their hair or beards and wear turbans.
◇ Controversy could reignite when children of naturalized Sikhs become subject to military service
In this case, the Constitutional Court did not decide whether "requiring a Sikh who has enlisted to cut hair short and not wear a turban" infringes on freedom of religion. It avoided a decision on the merits because Yoon ultimately did not serve on active duty.
But the issue could be raised again. The number of Sikhs residing in Korea is known to be around 1,000. There is only one Sikh temple, a gurdwara, in Korea, located in Pocheon, Gyeonggi Province.
Hadasan Singh, an official at the Pocheon gurdwara, said, "About 50 Indian-origin Sikhs who have naturalized and hold Korean nationality live here," and noted, "Some members have children attending middle and high school, so they could reach the age for military service in a few years."
Overseas, there are many cases allowing Sikh soldiers to wear turbans. In India, Sikh soldiers serve wearing turbans instead of military caps. Unit insignia are attached on top of the turban. When standard helmets are difficult to wear, special helmets tailored to the turban shape are sometimes used.
Britain has long allowed Sikh soldiers to wear turbans. Because of its colonial history of ruling India, Britain addressed the issue of Sikh soldiers' service early on. In 2012, a Sikh soldier assigned to the Buckingham Palace Guards drew attention by wearing a turban instead of the traditional bearskin cap.
In Canada, Sikhs can also serve while wearing turbans. Harjit Singh Sajjan, a Sikh and former army officer, was appointed Canada's minister of defense in 2015. While serving, he reportedly modified a gas mask to solve the problem of a beard preventing a full seal on the face and received a related patent.
The United States once restricted turbans, citing issues such as wearing helmets and gas masks, but starting in 2017 the U.S. Army fully allowed turbans and hijabs. However, turbans must match the camouflage pattern or color of the combat uniform. In operations where gas masks must be worn, commanders may require shaving.