Wrongly Convicted Database Record

 

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Korean Conscientious Objector 1

 

Charge:

Draft Evasion (including Failure to Register and Failure to report for induction)

Sentence:

18 months

Years Imprisoned:

1

Year Crime:

Year Convicted:

2015

Year Cleared:

2016

U.S. State or Country of Crime:

Republic of Korea (South Korea)

County or Region of Crime:

South Jeolla

City of Crime:

Mokpo

Result:

Judicially Exonerated

Summary of Case:

"Two Jehovah Witnesses were wrongly convicted in 2015 in separate trials of violating Article 88 of South Korea's Military Service Act for refusing to report for military service after receiving notices of enlistment. Their defense was they were conscientious objectors whose religion prevented them from military service, but they were alternately willing to perform civil service. After their convictions in the Mokpo Branch of the Gwangju District Court, both men were sentenced to 18 months in prison. The men appealed. On October 18, 2016 the Gwangju District Court acquitted them after an appellate trial. The Court stated: "Conscientious objection is accepted worldwide and a consensus is forming in Korean society about establishing an alternative civil service in place of conscription,” the Gwangju District Court said in its decision to acquit them. “They are not demanding special treatment such as exemption from the military duty. They said they want to serve alternative duties. The country must not force them to serve the military without offering alternative civil service.”"

Conviction Caused By:

Innocence Proved By:

"On October 18, 2016 the Gwangju District Court acquitted them after an appellate trial. The Court stated: "Conscientious objection is accepted worldwide and a consensus is forming in Korean society about establishing an alternative civil service in place of conscription,” the Gwangju District Court said in its decision to acquit them. “They are not demanding special treatment such as exemption from the military duty. They said they want to serve alternative duties. The country must not force them to serve the military without offering alternative civil service.”"

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Male

Skin/Ethnicity:

Information Source 1:

"Conscientious objectors win first-ever appeals acquittal, By Staff, Joongang Daily (Korea), October 20, 2016"

Information Location 1:

http://koreajoongangdaily.joins.com/news/article/article.aspx?aid=3025104&cloc=etc|jad|googlenews

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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org

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