Supreme Court "Man Claiming Conscientious Objection Without Baptism, Guilty Verdict Overturned and Remanded"

[Asia Economy Reporter Kim Hyung-min] The Supreme Court has delivered a guilty verdict in principle against a man who conscientiously objected to military service without undergoing the representative ritual of 'baptism,' which symbolizes being a member of the 'Jehovah's Witnesses.'

The Supreme Court's 3rd Division (Presiding Justice Lee Dong-won) announced on the 9th that it overturned the lower court's acquittal in the appeal trial of Mr. A, who was charged with violating the Military Service Act, and remanded the case to the Changwon District Court.

The court stated, "The retrial did not properly examine whether Mr. A actually refused military service based on his religious beliefs."

The court particularly focused on the fact that Mr. A had not undergone baptism and judged that it was unclear whether his refusal of military service was based on conscience, as he failed to provide a detailed explanation about the circumstances of not receiving baptism and his future plans.

Furthermore, the fact that Mr. A could not even submit objective evidence such as a certificate verifying his religious activities was also a basis for judging the case in favor of a guilty verdict.

Mr. A received a conscription notice from the Military Manpower Administration in November 2015 but did not enlist due to being a Jehovah's Witness and was subsequently prosecuted.

Mr. A was sentenced to one year and six months in prison in the first trial in 2016 and was also found guilty in the second trial.

The appeal court in November 2018 ordered a retrial based on the 'genuine conscientious objection to military service' criteria presented by the Supreme Court's full bench and remanded the case to the Changwon District Court. In the subsequent retrial, Mr. A was acquitted.

A Supreme Court official explained, "This ruling is the first case in which the Supreme Court, after the 2018 full bench ruling, overturned a lower court's acquittal in a remanded case due to insufficient examination and remanded it again."