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(영문) 수원지방법원 2015.06.03 2015고단751

병역법위반

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

Defendant is subject to enlistment in full time reserve service.

On December 24, 2014, the Defendant received a notice of call-up for full-time reserve service under the name of the director of the Incheon Regional Military Manpower Office to enlist in the office of the Defendant located in The wife Population C around 11:45 on December 24, 2014, and on February 3, 2015, on February 6, 2015, the Defendant failed to enlist, without justifiable grounds, by not later than three days after the date of enlistment.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a written accusation and a written confirmation of facts of witnesses;

1. As to the Defendant’s assertion on criminal facts under Article 88(1)1 of the pertinent Act, the Defendant asserts that the Defendant, as “novah’s Witness, refused enlistment according to a religious belief,” the refusal of enlistment is based on the freedom of conscience guaranteed by the Constitution and the International Covenant on Civil and Political Rights, and that the refusal of military service constitutes “justifiable cause” as prescribed by Article 88(1) of the Military Service Act.

However, the freedom of conscience under the Constitution is recognized, and it is not recognized as the right to refuse to perform the duty of military service on the grounds of conscience, but can be recognized separately only when the Constitution expressly provides for this.

(See Constitutional Court Order 2002Hun-Ga1, Aug. 26, 2004). Also, the issue of whether to introduce the alternative military service in relation to the military service is ultimately attributable to the issue of the legislator’s decision on whether “it does not interfere with the achievement of the important public interest of national security even if alternative military service is permitted.” The issue of whether to introduce the alternative military service in relation to the military service is ultimately serious to the overall capacity of the nation by impeding social integration in the event that the introduction of the alternative military service system is introduced under critical critical circumstances of our country’s unique security situation where the two Koreas are placed in place, the loss of military manpower that may arise in the introduction of the alternative military service system, the difficulty of examining whether conscientious objection