Supreme Court Confirms Prison Sentence for Social Service Agent Absent Without Leave Due to Religious Reasons

Supreme Court. / Photo by Moon Ho-nam munonam@

[Asia Economy Reporter Song Seung-yoon] A Jehovah's Witness who was absent without leave for several months due to conscientious objection to military service while working as a social service agent has been sentenced to prison.

The Supreme Court's 2nd Division (Presiding Justice Park Sang-ok) announced on the 23rd that it upheld the original sentence of 1 year and 6 months imprisonment in the appeal trial of A (26), who was indicted for violating the Military Service Act.

A, who worked at a nursing facility for the elderly from July to October 2017, was prosecuted for being absent without justifiable reason for 85 days. After completing military training required for social service agents, A worked at a district office in Seoul.

The first trial court sentenced A to 1 year and 6 months imprisonment, stating that "A's actions do not fall under the 'justifiable reasons' stipulated in Article 88, Paragraph 1 of the Military Service Act."

During the trial, A argued, "I was absent based on the belief that I could not belong to the Military Manpower Administration, which is premised on war," but the appellate court upheld the first trial's decision, stating, "In the case of A, who works at a nursing facility for the elderly, even if service continues, there is no obligation to participate in military activities."

The Supreme Court also dismissed A's appeal, stating, "There is no error in the lower court's interpretation of the legal principles regarding 'justifiable reasons' as defined in the Military Service Act."