A man in his 20s who refused military service for reasons of religious belief was acquitted in the first trial and also in the appeals trial.



According to the legal community today (6th), the 4th Criminal Appeal Division of the Daejeon District Court (Chief Judge Gu Chang-mo) dismissed the prosecutor's appeal in the appellate trial against Mr. A (26), who was charged with violating the Military Service Act, and sentenced him to be innocent as in the first trial.



In November 2016, Mr. A was handed over to trial for not enlisting even after receiving a notice of enlistment in the name of the head of the Daejeon Chungnam Regional Military Manpower Administration.



In the first trial, Mr. A admitted conscientious objection to military service based on the fact that Mr. A became a member of Jehovah's Witnesses in middle school under the influence of his mother and regularly attended meetings and studied the Bible.



The court of first trial said, "They have consistently expressed their intention to refuse enlistment while taking the risk of criminal punishment, and they have shown that they will faithfully implement an alternative service system unrelated to the military." It is difficult to find circumstances in which he showed his tendency."



However, the prosecution said that considering that Mr. A was disciplined for violating doctrine, there is no concrete data to prove that he faithfully engaged in religious and volunteer activities, and that he enjoyed violent games, it cannot be seen that he refused military service for justifiable reasons. appealed.



Regarding this, the second trial judged, "Even if the defendant played a violent game to hang out with friends, it is judged that it is not enough to deny religious beliefs for this reason."





On August 18, the 9th division of the Seoul Central District Court Criminal Appeal (Chief Judge Yang Gyeong-seung) broke the first trial of acquitting a man in his 20s who resumed religious activities that had been suspended for several years as the time for enlistment approached after delaying enlistment, and sentenced him to 10 months in prison. was sentenced to two years probation.



The appellate court said, "It is difficult to say that the defendant faithfully participated in religious activities or that religious beliefs were firmly formed, and as objection to military service based on an urgent and concrete conscience, it cannot be seen that the conscience is deep, firm, and sincere." He was convicted without admitting it.


Concerns about abuse of 'conscientious objection'... Military Manpower Administration "Reviewing system improvement"

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Meanwhile, in 2018, when the Constitutional Court ruled that Article 5 of the Military Service Act, which stipulated the type of military service at the time, was 'unconstitutional', it was newly established as an 'alternative for those who refused enlistment for good reasons'.



If a person with a valid reason applies, transfer to alternative service personnel is determined through a review by the Alternative Station Review Committee.



Currently, the Military Manpower Administration's committee conducts related investigations on applicants for alternative transfers as well as those around them through the examination of the Substitute Station Review Committee, and decides whether to transfer.



At this time, the most important factor in determining transfer to 'alternative service personnel' is the 'belief' of the conscientious objector.



Since the Constitution stipulates 'freedom of conscience', conscientious objectors can exercise the right to object to military service according to their conscience, and if this is verified through a review, they can be transferred to alternative service personnel.



According to data from the Military Manpower Administration, since the alternative service system was implemented in earnest on October 26, 2020, by the end of last month, a total of 2,529 people have been transferred to alternative service personnel through the screening of the alternative service screening committee.



Among them, the absolute majority, 99.6%, are objectors to military service based on their religious beliefs, and most of them are 'Jehovah's Witnesses'.

The remaining 0.4% were refusal of military service based on personal beliefs, and many of them engaged in non-violent and pacifist activities.



However, there is a risk that 'conscientious objection' may be abused to simply refuse or avoid military service, and it is difficult to determine and the related laws are not properly established, adding to confusion.



In response, an official from the Military Manpower Administration said, "We are conducting a policy research service for the development of the alternative service system after about two years of introduction," and "we will review the development plan considering the results."



(Photo = Yonhap News)