'Active Duty Enlistment Rejected by "Pacifist and Reversal Advocate"... How Did the Supreme Court View It?'

Jehovah's Witnesses Member and Reserve Training Refuser Followed by First Official Recognition of Active Duty Enlistment Refusal

[Image source=Yonhap News]

[Asia Economy Reporter Baek Kyunghwan] A conscientious objector with a 'pacifist belief' was acquitted by the Supreme Court. Previously, the Supreme Court acquitted a Jehovah's Witness who refused military enlistment due to religious beliefs and a man who refused reserve forces training due to personal beliefs, but this is the first time that refusal of active duty enlistment based on personal beliefs such as nonviolence and anti-war has been recognized.

Recently, the Supreme Court upheld the acquittal verdict in the appeal trial of Mr. Jeong, who was charged with violating the Military Service Act.

Mr. Jeong was prosecuted for failing to enlist by the enlistment date without justifiable reason after receiving an active duty enlistment notice in October 2017. He refused military service, stating, "As a feminist who opposes discrimination and dichotomous gender perceptions, I felt I could not accept the military system built on discrimination and hierarchy, nor the state power that defines me by biological sex." In particular, Mr. Jeong, who is a sexual minority, claimed that he had felt aversion to the uniform entrance exam education and peer group culture that enforced masculinity since high school.

Later, he relied on Christianity and joined a socially engaged missionary group after entering university. During this process, he encountered feminism and identified himself as a 'queer feminist.' He cited his pacifism, anti-war stance, and religious beliefs formed through this as reasons for refusing enlistment. In fact, Mr. Jeong participated in a Christian group's emergency prayer meeting opposing Israel's military invasion and praying for Palestine's peace, a one-person protest for resolving the Yongsan tragedy, protests against the 60th anniversary peace prayer meeting of the Korean War, opposition to the naval base in Gangjeong Village, Jeju Island, and the Wednesday demonstrations.

In February 2018, the first trial sentenced Mr. Jeong to 1 year and 6 months in prison. The court ruled, "The defendant's refusal to enlist as an active duty soldier based on religious conscience or political beliefs does not constitute a 'justifiable reason' as stipulated in the Military Service Act."

However, the second trial was different. Between the first and second trials, the Constitutional Court and the Supreme Court issued new rulings on the Military Service Act. In June 2018, the Constitutional Court declared unconstitutional the provisions of the Military Service Act that did not stipulate alternative service, stating they infringed on freedom of conscience. In November of the same year, the Supreme Court recognized conscientious objection by Jehovah's Witnesses for the first time and remanded the case with a verdict of not guilty.

Accordingly, the appeal trial held in November 2020 overturned the verdict to acquittal. The court stated, "The defendant's faith and beliefs are deeply rooted and clearly substantial, and it is difficult to view them as compromising or strategic," and "a justifiable reason to refuse military service as defined by the Military Service Act is recognized."

The final Supreme Court also ruled, "Forcing conscientious objectors to fulfill military duties uniformly and imposing criminal penalties or other sanctions for non-compliance is not appropriate in light of the constitutional guarantee system of fundamental rights including freedom of conscience and the overall legal order."

Meanwhile, in February, the Supreme Court confirmed an acquittal for a man who refused reserve forces training due to personal beliefs. The court reasoned that refusal of reserve forces training and military mobilization training based on ethical, moral, or philosophical beliefs rather than religious beliefs constitutes a 'justifiable reason' as defined by law.

This content was produced with the assistance of AI translation services.