A man who refused to serve in the military due to conscientious objection has been sentenced to prison.
On the 4th, the Supreme Court’s 3rd Division (Presiding Judge Oh Seok-jun) announced that it had confirmed the original trial that sentenced A, who was charged with violating the Military Service Act last month, to 18 months in prison.
Mr. A refused to join the army because he disliked violence and war.
However, there is a surprising fact when looking into the reality.
He first received a draft notice from the Military Manpower Administration in October 2018. At that time, he was indicted on charges of violating the Military Service Act for not enlisting within three days from the scheduled enlistment date without justifiable reason.
In the trial, Mr. A argued, “I refused to enlist as an active-duty soldier in accordance with my belief against violence and war,” and “There is a ‘justifiable reason’ under the Military Service Act, so the crime is not established.”
The law on which he was based is Article 88, Paragraph 1 of the Military Service Act.
Under the current law, conscientious objection to military service with a ‘justifiable reason’ is not subject to punishment. The Supreme Court also ruled in 2018 in a case of a Jehovah’s Witness violating the Military Service Act that “conscientious objection to military service in accordance with genuine conscience is not subject to punishment.”
Mr. A stated in the investigative agency, “Military law is not human rights friendly and there are many irrational aspects of military life,” and “Because of injustice, I refuse to go to the army where unjust orders are rampant.”
However, the first trial court did not accept Mr. A’s claim.
It turned out that he, who claimed to dislike violence and war, enjoyed war games where he killed opponents with guns.
The court judged, “Infringements on human rights and unfairness have essentially unrelated to military training such as shooting, and they can appear in various forms depending on the unit and the time of service, so it is difficult to regard them as reasons for conscientious objection.”
Furthermore, the court stated, “The defendant has never participated in civic group activities related to non-violence, anti-war, pacifism, etc., or revealed such beliefs to the outside world. It is insufficient to confirm the existence of the fact that the defendant’s belief is deep, firm, and truthful.”
The second trial also stated, “Considering various circumstances, it is difficult to admit that his belief is deep, firm, and truthful.”
The Supreme Court also confirmed the original verdict, saying, “There is no mistake in the original verdict that goes beyond the limits of free conviction and contradicts the laws of logic and experience, or misunderstands the legal principle about the ‘justifiable reason’ in Article 88, Paragraph 1 of the Military Service Act.”
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