'Criminal Record' Jehovah's Witness Member... Supreme Court Rules "Guilty of Violating Military Service Act"

[Asia Economy Reporter Bae Kyunghwan] The Supreme Court has ruled that a Jehovah's Witness who refused military enlistment on religious grounds despite a criminal record including sex crimes does not qualify for a "legitimate reason for enlistment refusal."

On the 14th, the Supreme Court's 3rd Division (Presiding Justice No Taeak) upheld the original sentence of 1 year and 6 months imprisonment in the appeal trial of Jehovah's Witness A, who was indicted for violating the Military Service Act.

A received a notice for active duty enlistment in May 2013 but refused to enlist citing being a Jehovah's Witness. However, the prosecution judged that A's refusal to enlist was not based on a "legitimate reason" as defined by the Military Service Act, considering A's repeated criminal offenses.

According to the charges, at the time of refusing enlistment, A posted photos taken of women's legs and feet three times on an online bulletin board and was fined 3 million won. A was also fined 1 million won for posting abusive language online, which constituted defamation, and stole goods worth about 280,000 won from the supermarket where A worked.

The first and second trials judged that A's refusal to serve violated the Military Service Act based on this and sentenced A to 1 year and 6 months imprisonment. A appealed, but the Supreme Court did not accept it.

The court stated, "The lower court ruled guilty on the grounds that the defendant's religious beliefs at the time of refusal were not deep or firm enough to be considered a genuine conscientious objection to military service," and "there is no error in the lower court's legal judgment."

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