No public duty personnel shall desert away from their service or fail to serve in the relevant field for at least eight days in total without justifiable grounds.

Nevertheless, the Defendant did not work at the office of Full-time in the Jeonju-si, without justifiable grounds, for the first day of April 18, 2012, for the second day from July 12, 2012 to the 13th day of the same month, and for the fifth day from July 2, 2012 to the 30th day of the same month.

Accordingly, the defendant, as a public interest service personnel, has deserted his service for at least eight days in total without justifiable grounds.

2. Although the Defendant and the defense counsel were absent from work between August 26, 2013 and the 30th of the same month, the Defendant did not appear at work with the knowledge that the absence during the above period was permitted not without permission, and thus does not constitute a deviation from work without justifiable grounds, or the Defendant did not have a criminal intent to escape from service without justifiable grounds.

3. Determination

A. Article 89-2 Subparag. 1 of the Military Service Act (amended by Act No. 11849, Jun. 4, 2013) provides that public interest service personnel shall be punished by imprisonment with prison labor for not more than three years, who have left their service or have failed to serve in the field concerned for not less than eight days in total without justifiable grounds.

On the other hand, the service management regulations for public duty personnel (amended by the Military Manpower Administration Directive No. 1021 on August 3, 2012), and ① public duty personnel shall obtain permission from the head of the service institution in advance where they are absent from office due to extenuating circumstances: Provided, That where unexpected inevitable circumstances occur, permission after the fact shall be obtained (Article 17(1)), and where permission is granted, the head of the service institution shall confirm whether such reasons are inevitable.