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| TITLE | Supreme Court Decision 2019Do17322 Decided July 9, 2020 【Violation of the Military Service Act】 [full Text] |
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| Summary | |
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[1] Meaning of a so-called conscientious objection to the military service Whether an objection to the military service in accordance with genuine conscience constitutes “justifiable grounds” as referred to in Article 88(1) of the Military Service Act (affirmative), and in such a case, the meaning and proof method of genuine conscience [2] In the case where the criminal defendant, who did not receive baptism by immersion as a member of Jehovah’s Witnesses, was under indictment in violation of the Military Service Act by failing to enlist in the military and rejecting the military service even after three days have been elapsed from the date of enlistment on the grounds of religious conscience even though he received a notice of enlistment for active duty service issued in the name of the Regional Military Manpower Office, asserting that he is a believer thereof, the case holding that even though there is still some doubt about whether “conscience” asserted as a cause for the criminal defendant’s objection to military service constitutes justifiable grounds as referred to in Article 88(1) of the Military Service Act as “genuine conscience,” the lower court found the criminal defendant not guilty, and in so determining, it erred by failing to exhaust all necessary deliberations, etc. |
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