The defendant is a person who has become a witness of Shhohovah and has been on August 29, 2009 and has been engaged in religious activities with good faith by now, and is a person subject to enlistment in active duty service.

The Defendant, at around November 15, 2016, did not enlist until December 9, 2016, on the ground that, in the residence of the Defendant, Kimhae-si B, around November 15, 2016, the Defendant received a letter of exchange in the name of the head of the Gyeongnam Regional Military Affairs Administration to enlistment in the active duty service on the association on December 11, 2016, on the ground that it violated the doctrine of a religious letter taught by a believers and a witness of the believers who the Defendant newly wing and that he was dissatised by the date of enlistment.

Summary of Evidence

1. Partial statement of the defendant;

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

1. The summary of the assertion on the determination of the change in the legal doctrine under Article 88(1)1 of the pertinent Act as to criminal facts is that the Defendant, who is a believers, refused enlistment in active duty service in accordance with the order of conscience in accordance with a religious doctrine, and the conscientious objection according to conscience is a justifiable act consistent with the Constitution and international norms, and thus, does not constitute a crime of violating the Military Service Act.

Judgment

Article 88(1) of the Military Service Act that punishs evasion of enlistment does not violate the 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 to be exempted from the application of the above provisions of the Military Service Act is not derived, and even if the United Nations Commission on the ICCPR presents a recommendation, this does not have any legal binding force (Supreme Court Decision 10 November 10, 2016).