Courts’ Decision on Refusals to Serve in the Military Crisscrossing

The courts are offering different views on the “conscientious refusals to military service” and confusing the public.

Judge Lee Chul-ui of the Chunchoen Regional Court sentenced Lee, a believer of Jehovah’s Witness, to an imprisonment of one year and six months on May 28. Lee has been indicted for the refusal to join the army for religious reasons.

Judge Lee said in the ruling, “It cannot be deemed to be a righteous reason to refuse to serve in the military service that one cannot receive military training due to one’s religious faith.”

“It is the Supreme Court’s opinion that refusing military service because of religious reasons or one’s conscience does no belong to a part of freedom of religion or of conscience, and I have followed that precedent,” explained Judge Lee.

Prior to this, Judge Lee Jun-ryol of Seoul’s South Regional Court decided that Chung, 23, and Oh, 22, both Jehovah’s witnesses, were innocent on May 21, which struck a controversy.

“The current military service law sets the punishment only in the evasion cases where a person does not have a proper reason or do not respond to the call,” said Judge Lee. “By the constitution which ensures individuals of freedom of conscience, the convicted have a proper reason to refuse the military service,” added the judge, clarifying the reason of the decision.

Meanwhile, Judge Min Byung-hoon, a warrant judge from the Suwon Regional Court, renounced the police’s arrest warrant application of Lim, 20, also a Jehovah’s witness, for the charge of violating the military service law on May 28.

Judge Min said, “His residence is stable, so there is no concern of his running away or ridding proofs,” on the reason of renunciation. Lim is known to face trials without physical restraint.

Prior to this, the Jeonju Regional Court issued an arrest warrant filed by police to Park, 20, with the same charge on May 27.

Jae-Myoung Lee Chang-Soon Choi egija@donga.com cschoi@donga.com