2012Do10836 Violation of the Establishment of Homeland Reserve Forces Act

A person shall be appointed.

Defendant

Ulsan District Court Decision 2012Do298 Decided August 17, 2012

November 13, 2014

The appeal is dismissed.

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court determined that the Defendant’s refusal to train homeland reserve forces does not constitute justifiable grounds under Article 15(9)1 of the Establishment of the Local Reserve Forces Act, and that the failure to comply with a new notice of call-up for training cannot be deemed to violate the principle of prohibition of double punishment, and rejected the allegation in the grounds of appeal

Examining the reasoning of the lower judgment in light of the Supreme Court’s decision and the Constitutional Court’s decision and relevant legal principles, the lower court did not err by misapprehending the legal doctrine on the freedom of conscience under Article 19 of the Constitution, Article 18 of the International Covenant on Civil and Political Rights, justifiable grounds under Article 15(9)1 of the Establishment of Homeland Reserve Forces Act, the identity of training refusal refusal and the principle of prohibition of double punishment, contrary to what is alleged in the grounds of appeal.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Kim So-young

Justices Lee In-bok

Justices Kim Yong-deok

Justices Go Young-young