Law: "Resumed 'religious activities' before enlistment after quitting claiming to 'model'... Convicted for draft evasion"

Acquittal in First Trial → Suspended Prison Sentence in Appeal Trial

[Asia Economy Reporter Kim Daehyun] A court ruling has been made that does not recognize 'conscientious objection to military service' for a male model in his 20s who resumed Jehovah's Witness religious activities after two years ahead of his enlistment.

On the 18th, according to the court, the Seoul Central District Court Criminal Appeal Division 9 (Presiding Judge Yang Kyungseung) overturned the first trial that acquitted model A (28, male), who was indicted for violating the Military Service Act, and recently sentenced him to 10 months in prison with a 2-year probation.

Previously, A was given a suspended indictment (a prosecutor's decision not to prosecute despite acknowledging the charges, considering various circumstances) for failing to respond to the enlistment notice in April 2019, but was retried for again not responding to the Military Manpower Administration's enlistment notice in October of the same year.

He was classified as a subject for active duty enlistment during the military service examination in November 2013, but it was investigated that he postponed enlistment due to reasons such as university admission, waiting to go abroad, preparing for qualification exams, national exams, and illness.

A, who began his religious life in 2012 at age 17, was found to have not participated in religious activities from March 2017 due to modeling activities, but resumed attending religious activities in April 2019 when he received his first enlistment notice.

Unlike the first trial, the appellate court did not recognize A's 'conscientious objection to military service' and found him guilty. It stated, "It is difficult to see that the defendant sincerely participated in religious activities or that a firm religious belief regarding that faith was formed," and "It cannot be considered a desperate and specific conscientious objection to military service with a deep, firm, and sincere conscience."

The appellate court pointed out, "The defendant did not clarify the specific motives for resuming religious activities only around the time of the last enlistment postponement or when he first received the enlistment notice," and "The Seoul Regional Military Manpower Administration's inquiry to Jehovah's Witnesses to confirm the defendant's membership was answered with the intention that 'it is difficult to issue a certificate confirming volunteer activities, attendance at meetings, or church activities as the conditions for issuance are not met.'"

A has filed an appeal to the Supreme Court to challenge this ruling.

Meanwhile, in March, the Supreme Court Division 2 (Presiding Justice Lee Dongwon) confirmed the acquittal of B, who was indicted for violating the Military Service Act. B was investigated to have stopped Jehovah's Witness religious activities for nine years and resumed participation around the time he received the enlistment notice. The related court paid attention to the fact that he carried a 'prior medical directive and power of attorney' to adhere to the doctrine of refusing blood transfusions and that he had no memberships on web hard drives or gaming sites.