Supreme Court: "No Guilt for Conscientious Objection to Military Service Based on Religious Faith Since Childhood"

[Asia Economy Reporter Kim Hyung-min] A man who was raised as a Jehovah's Witness from childhood and refused military service on the grounds of freedom of conscience was acquitted.

The Supreme Court's 3rd Division (Presiding Justice Min Yoo-sook) announced on the 7th that it upheld the lower court's acquittal ruling in the appeal trial of Mr. A, who was charged with violating the Military Service Act.

The court stated, "Forcing genuine conscientious objectors to fulfill military service obligations and punishing non-compliance is an excessive restriction on freedom of conscience."

Mr. A received a conscription notice for active duty in October 2015 but refused to enlist due to his religious beliefs.

The first trial sentenced Mr. A to 1 year and 6 months in prison, stating, "The freedom of conscientious objectors to realize their conscience cannot be considered a superior value to constitutional legal interests."

However, the second trial acquitted Mr. A, noting that he had learned the Bible from his mother since childhood, was baptized in 2009 and became a Jehovah's Witness, and that two of his siblings had already served prison terms for conscientious objection to military service.

Meanwhile, since the Supreme Court's full bench overturned previous precedents in November 2018, stating that "religious and conscientious objection to military service constitutes a legitimate reason for exemption under the Military Service Act" and presented criteria for determining "genuine conscientious objection," acquittal rulings for conscientious objectors such as Jehovah's Witnesses have been continuously confirmed.