Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Any person in receipt of a notice of a call for military force mobilization training shall not be enlisted at the designated date and time without justifiable grounds.

On May 28, 2014, the Defendant received a call for military force mobilization training from C to July 7, 2014, from around 9:00 to July 17:00, 2014, under the name of the director of the Chungcheong Military Manpower Office, that he would undergo military force mobilization training conducted at the Cheongcheon-gun, Cheongcheon-gun, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-do, and delivered the details thereof to the Defendant, but did not enlist in the military on a designated date without justifiable grounds.

Summary of Evidence

1. The defendant's partial statement in court (the purport that the fact that the defendant has not enlisted on the designated date is recognized);

1. Police suspect interrogation protocol of the accused;

1. Statement of accuser;

1. Application of Acts and subordinate statutes governing call for military force mobilization;

1. Article 90 (1) of the Act applicable to criminal facts, Article 90 of the Military Service Act selective punishment, and selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. At the investigation stage, the Defendant stated that he was unable to participate in the exercise after working as a contractual officer at night. During the public trial process, the Defendant asserts that there is justifiable reason to receive a notice of call-up for mobilization training and not enlistment in the military on the ground that: (a) the Defendant was unable to participate in the mobilization training at night; and (b) the imposition of fines is unfair; and (c) the school working at the school does not recognize the mobilization training as a legal leave.

Defendant’s assertion does not fall under reasons not attributable to a person who has failed to perform his duty of military service, such as illness, and there is no other evidence to prove that there exists a justifiable reason for failing to enlist at the designated date and time. An employer cannot give unfavorable treatment on the ground of the performance of duty of military service, such as responding to call-up for training, etc.,