Criminal Punishment for Wife Who Did Not Deliver 'Reserve Forces Training Notice'... Constitutional Court Calls Law "Ignoring Reality"

Unconstitutionality Opinion "Criminal Punishment Ignoring Reality Such as Security Changes... Questioning Necessity"
Constitutionality Opinion "Recognizing Legitimacy and Necessity for Smooth Reserve Forces Training"

Chief Justice Yoo Nam-seok of the Constitutional Court (center) and other justices entered and took their seats in the courtroom of the Constitutional Court in Jongno-gu, Seoul, where the constitutional complaint and unconstitutionality review were held on the afternoon of the 26th.
[Image source=Yonhap News]

[Asia Economy Reporter Heo Kyung-jun] The Constitutional Court has ruled that punishing a wife who did not deliver a reserve forces training notice received by her husband is unconstitutional.

On the 26th, the Constitutional Court ruled unconstitutional by a 6 (unconstitutional) to 3 (constitutional) vote in the constitutional review case filed by Mr. A against Article 15, Paragraph 10 of the Reserve Forces Act.

Ms. A, the wife of reservist Mr. B, was summarily indicted on charges of failing to deliver the reserve forces training summons, which was delivered to their home during Mr. B's absence, to Mr. B twice. Article 15, Paragraph 10 of the Reserve Forces Act stipulates that a person obligated to deliver the summons who fails to do so without justifiable reason, delays, or destroys it shall be punished by imprisonment for up to six months or a fine of up to 5 million won.

The court that heard Ms. A's case, on April 8, 2019, on its own motion, requested a constitutional review, stating that this provision violates the principle of proportionality between responsibility and punishment.

The Constitutional Court judged, "The provision under review criminally punishes the violation of the obligation to deliver the summons, which may be excessive even if it is premised on ensuring the effective implementation of reserve forces training."

It further pointed out, "Ignoring changes in national security, social and cultural shifts, and changes in awareness regarding military service, it still criminally punishes adult family members living with the reservist simply for failing to deliver the summons, raising serious doubts about the necessity and validity of this."

On the other hand, Justices Lee Sun-ae, Lee Eun-ae, and Lee Young-jin dissented, stating, "It is to ensure the reliable delivery of the summons so that the reservist can participate in training without hindrance, thereby facilitating smooth reserve forces training, and its legitimacy and necessity are recognized."