No Religious Activity for 9 Years, 'Draft Refusal'... Jehovah's Witnesses Acquitted

1st Trial "Lack of Religious Practice Materials" → 2nd Trial "Deep and Firm Conviction of Conscience"

[Asia Economy Reporter Heo Kyung-jun] The Supreme Court has ruled that even if a person has been negligent in religious practices, such as not attending religious gatherings for nine years, if it is recognized that they were exposed to religious doctrines from a young age while growing up, it qualifies as "conscientious objection to military service."

The Supreme Court's 2nd Division (Presiding Justice Lee Dong-won) announced on the 27th that it upheld the acquittal verdict from the appellate court in the final trial of Mr. A (33), who was prosecuted for violating the Military Service Act.

Mr. A received a notice to enlist as an active-duty mandatory officer by February 19, 2018, but was prosecuted for failing to enlist without justifiable reason. Mr. A claimed that he refused enlistment based on his religious conscience as a Jehovah's Witness.

The court's judgments were divided. The first trial sentenced Mr. A to 1 year and 6 months in prison, citing that since 2009, when he started living separately from his parents, he had not attended regular religious gatherings and there was insufficient evidence of practicing his faith.

On the other hand, the appellate court judged that Mr. A held a deep and firm conscientious belief, based on religious doctrines, that prevented him from fulfilling his military duties. The appellate court stated, "He grew up exposed to doctrines together with his siblings under the influence of his mother and maternal grandparents from a young age, and has lived in accordance with the Bible and doctrines since 1998," and acquitted him.

Additional grounds for the acquittal included the fact that before resuming religious activities, he carried a "advance medical directive and power of attorney" to adhere to the doctrine of refusing blood transfusions, that he had no memberships on webhard or gaming sites, and that he expressed willingness to actively comply with alternative service as stipulated by the Military Service Act. The Supreme Court also agreed that the appellate court's judgment was correct.

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