A person who has received a written notice of enlistment in active service shall enlist within three days from the date of call for active service.

Although the Defendant received a notice of enlistment in the name of the director of the Daegu-do regional military manpower office to enlist in the military service in the name of 50 company units located in the Daegu-gu North Korean military manpower office as of October 1, 2013 at the Defendant’s residence located in B around July 2, 2013, the Defendant failed to enlist without justifiable grounds for a period of three days after the date of enlistment.

Summary of Evidence

1. Partial statement of the defendant;

1. A written accusation;

1. Application of Acts and subordinate statutes of parcel post offices;

1. Determination as to the defendant's assertion under Article 88 (1) 1 of the relevant Act on criminal facts

1. The Defendant’s act of asserting is a part of the exercise of the right to conscience under Article 18 of the International Covenant on Civil and Political Rights (hereinafter “Rules”) and Article 19 of the Constitution. As such, the Defendant’s act of refusing enlistment constitutes “justifiable cause” under Article 88(1) of the Military Service Act, and thus, the Defendant is acquitted.

2. International norms, such as the ICCPR, or the Constitution of Korea guarantee the freedom of conscience.

However, considering the fact that the freedom of conscience is subject to certain restrictions pursuant to Article 37(2) of the Constitution, that if the duty of national defense, including the duty of responding to enlistment, is not performed properly, it is difficult to guarantee the dignity and value of all citizens as human beings, and that “alternative service-related legislation, which is the legislative discretion,” which is the territory of legislative discretion, is not performed, it is difficult to view that the grounds alleged by the defendant as a matter of interpretation of the current law constituted “justifiable cause”

In consideration of the fact that the defendant's reason for sentencing led to the crime of this case according to his religious belief or conscience, the defendant shall be sentenced to the minimum punishment (one year and six months of imprisonment) meeting the requirements for exemption from military service under the Enforcement Decree of the Military Service Act.