[사회]Supreme Court “Non-violent beliefs are also the reason for the rejection of the reserve forces” … First final ruling

[앵커]

A man who refused to train reserve troops for non-violent beliefs and not for religious reasons was found not guilty by the Supreme Court.

This is the first time that the Supreme Court has recognized a conscientious objection to military service after active duty and even from the reserve forces.

Reporter Na Hye-in reports.

[기자]

Mr. A, who was discharged in 2013, was put on trial after failing to participate in training to mobilize reserve forces and troops 16 times over the next five years.

Mr. A argued that his non-violent belief was influenced by videos of his violent father and the US military massacring civilians during the trial process.

He said he wanted to stop serving on active duty, but his family convinced him he had no choice but to enlist and he refused to train reserve forces because he could no longer fool his conscience.

The first and second trial courts pleaded not guilty for refusing to train in accordance with his true conscience, alleging that Mr. A had suffered financial hardship for many years after completing his active duty and had been under investigation and trial.

Since reserve force training also involves military training, I thought the 2018 Supreme Court ruling, which found it justifiable to reject military service based on non-violent beliefs, should be applied.

[남선미 / 대법원 재판공보연구관 : 종교적 신념이 아닌 윤리적·도덕적 신념 등을 이유로 예비군훈련 등을 거부한 게 진정한 양심에 따른 거라고 봐 무죄를 선고한 원심 판단을 수긍한 최초의 판결입니다.]

The Constitutional Court has also made a decision de facto respecting the precedents of the Supreme Court.

It rejected the request for an unconstitutional judgment that the provisions of the law that punished those who refused to train reserve forces without a justified reason violated the basic rights of conscientious objectors.

As the Supreme Court has already admitted conscientious objection to military service, it is for the court to specifically determine whether the person who refuses to train has followed a sincere conscience.

However, the Supreme Court upheld lower courts sentenced to 1 year and 6 months in prison in two appeals, including civil society activists who refused military service due to their non-violent beliefs.

The two did not acknowledge the authenticity of their conscience on the grounds that they both refused military service out of antipathy towards military culture rather than non-violence and pacifism, or because they had a criminal record of assault.

[오경택 / 양심적 병역 거부자 : (이번 판결로 국가가) 끊임없이 개인의 자유와 신념의 자유를 심사하려 들고 선별하려 든다는 것이 드러났다고 생각합니다.]

Although the final sentence that recognized conscientious objection to military service was extended to the reserve forces, the Supreme Court once again set the standard that a deep and firm conviction must be proven.

I am Hyein Na, YTN.

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