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Top Court Upholds Acquittal in Active Duty Refusal Case

Written: 2021-06-24 11:38:27Updated: 2021-06-24 14:23:14

Top Court Upholds Acquittal in Active Duty Refusal Case

Photo : YONHAP News

For the first time, South Korea's top court has upheld a lower court's acquittal of a man charged with refusing to fulfill his mandatory military duty for nonreligious reasons.

In its ruling on Thursday, the Supreme Court recognized the defendant's anti-violence beliefs that prompted him to refuse his military service.

While the top court upheld the acquittal of a man charged with refusing mandatory reservist duty for nonreligious reasons in February, this is the first such case for active duty.

The defendant, surnamed Jeong, was indicted after he refused to fulfill military service in 2017 without providing justification. During the trial, he argued that he, as a sexual minority, opposed the military culture that forced masculinity, as well as the use of violence.

Jeong's defense was not recognized by the first court, which sentenced him to 18 months in prison.

The appellate court, however, acquitted him following rulings by the Constitutional Court and the Supreme Court that recognized conscientious objectors.

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