It was decided that it would be unconstitutional to punish the family for failing to deliver the reservist call notice to the reservist.
The Constitutional Court announced today (26th) that in the case of Article 15, Paragraph 10 of the Reserve Military Act, it was decided by the judges to be unconstitutional in a 6 to 3 opinion.
Mr. A, the wife of Mr. B of the reserve army, was indicted on the charge of failing to deliver to Mr. B twice the notice of the call for reserve army training delivered to his home during Mr. B's absence. Ex officio, we proposed a constitutional adjudication ex officio on the grounds that this provision violates the principle of proportionality of responsibility and punishment.
The Constitutional Court said, "This punishment clause transfers the government's public duty and responsibility of delivering a notice of convocation for reserve force training to individuals only for the convenience of administrative work, and this is a prerequisite for effective reserve force training, and guarantees the call. Even what I want to do is too much.”
He continued, "Ignoring changes in reality, such as changes in national security, changes in society and culture, and changes in perceptions of national defense obligations, I am still ignoring the fact that I did not just deliver a convocation notice to an adult in the same household as a member of the reserve army. We are punishing criminals for a reason, and we have deep doubts about the necessity and validity of that.”
However, Justices Lee Seon-ae, Lee Eun-ae, and Lee Young-jin, who made a dissenting opinion, said, "This is to ensure the delivery of the notice of convocation so that there is no hindrance to the relevant reserve force member's participation in the drill, and through this, the reserve force training can proceed smoothly. The need is recognized,” he explained.