30s Refusing Reserve Training for 'Religious Reasons'... Acquitted After 4 Years

[Asia Economy Reporter Oh Gyumin] A man in his 30s who refused reserve forces training on religious grounds after completing his military service was acquitted after more than four years of trial.

The Seoul Western District Court Criminal Appeal Division 2 (then Chief Judge Bu Sangjun) announced on the 28th that it overturned all four original rulings that sentenced Lee (31), who was charged with violating the Reserve Forces Act and the Local Reserve Forces Establishment Act, to fines ranging from 300,000 to 3,000,000 KRW, and acquitted him in the retrial.

The court stated, "The defendant's refusal to attend reserve forces training appears to be based on a deep, firm, and sincere conscience formed on religious beliefs," and "the evidence submitted by the prosecution alone is insufficient to conclude that there was no justifiable reason for refusing reserve forces training."

Furthermore, the court explained the reasoning behind the verdict: "The defendant was not a Jehovah's Witness at the time of enlistment but became a believer after his discharge in 2012 and attended meetings twice a week. He expressed his refusal to attend reserve forces training despite the risk of criminal punishment, received a fine, and has shown willingness to fulfill his military duties through alternative service."

Lee was indicted for failing to attend training after receiving a notice to attend supplementary training for those who missed mobilization training (Dongmicham) in November 2016, and subsequently received six more summonses in 2017 but did not appear at the training grounds.

After being fined from late 2017 to 2018, Lee appealed, arguing that his refusal to attend reserve forces training was a "justifiable reason" under the Reserve Forces Act based on his religious beliefs.

In May 2018, the appellate court also sentenced Lee to a fine of 3,000,000 KRW, but in June and November of the same year, the Constitutional Court and the Supreme Court respectively ruled in favor of Jehovah's Witnesses and other "conscientious objectors" to military service.

In January last year, the Supreme Court overturned Lee's ruling, stating that "the lower court misunderstood the provisions regarding 'justifiable reasons' for not attending reserve forces training under the Reserve Forces Act and did not conduct the necessary examination," and sent the case back to the Western District Court with a verdict of acquittal.

Meanwhile, the prosecution has filed a final appeal against this retrial ruling, and the outcome of the case is now entrusted to the Supreme Court's judgment.

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