The Defendant is a person in active duty service.

On April 18, 2016, the Defendant, at the Defendant’s house located in Gangnam-gu Seoul, Gangnam-gu, Seoul on April 18, 2016, received a letter of exchange in the name of the head of the Seoul Regional Military Affairs Administration to enlistment in active duty service in the 9 Army’s new soldiers training unit located in Goyang-gu, Seoyang-gu, Seoyang-gu, Seoul. On June 7, 2016, the Defendant failed to enlist not later than three days after the date of enlistment, on the ground that the Defendant violated the doctrine of sexual intercourses taught by the believers and the witness of a religion who the Defendant is a believers.

As a result, the defendant did not enlist within three days from the date of enlistment without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the Acts and subordinate statutes on the written accusation;

1. The gist of the Defendant’s assertion on the Defendant’s assertion regarding criminal facts under Article 88(1)1 of the pertinent Act is that the Defendant, who is a new witness to female and female, refused enlistment in active duty service in accordance with the order of conscience in accordance with a religious doctrine, and the conscientious objection based on conscience is justifiable act in compliance with the Constitution and international norms. As such, Defendant’s refusal to military service is not a violation of the Military Service Act.

Judgment

Article 88(1) of the Military Service Act that punishs evasion of enlistment does not violate Constitution (see, e.g., Constitutional Court Order 2002Hun-Ga1, Aug. 26, 2004; Constitutional Court Order 2008Hun-Ga22, Aug. 30, 201). In addition, the so-called conscientious objection based on one’s conscience does not constitute “justifiable cause” as provided for by the exception to punishment under the above provisions of the Military Service Act, and punishing the same does not violate the freedom of conscience under Article 19 of the Constitution.

B. In addition, Article 18 of the International Covenant on Civil and Political Rights, in which Korea is a member of the Republic of Korea, the right of conscientious objectors pursuant to conscience is not derived from the right to be exempted from the application of the above Military Service Act, but the United Nations Commission on the ICCPR proposed recommendations.