A defendant shall be punished by imprisonment for not less than one year and six months.

Punishment of the crime

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

Nevertheless, the Defendant, as a person subject to enlistment in active duty service on November 4, 2016, received a written notice to enter the 111 association located in Gyeongcheon-gun, Hongcheon-gun, Hongcheon-gun, by December 5, 2016, and did not enlist without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. A written accusation;

1. Application of Acts and subordinate statutes governing receipt for enlistment in active duty service;

1. Article 88(1)1 of the pertinent Act on Criminal facts provides for the first sentence of the Military Service Act [Article 88(1) of the Military Service Act] [Article 88(1) of the same Act for the purpose of embodying the most fundamental citizen’s duty of national defense, and where the State’s security is not ensured because the aforementioned duty of military service is not fulfilled properly, the dignity and value as human beings cannot be guaranteed.

Therefore, military service is ultimately aimed at ensuring the dignity and value of all citizens as human beings, and the freedom of conscience of conscientious objectors cannot be said to be superior to the above constitutional legal interests.

As a result, even if the freedom of conscience of a defendant is restricted pursuant to Article 37(2) of the Constitution for the above constitutional legal interests, it is a justifiable restriction under the Constitution (see Constitutional Court Order 2002Hun-Ga1, August 26, 2004; Constitutional Court Order 2008Hun-Ga22, August 30, 201). In addition, the so-called conscientious objection based on one’s conscience does not constitute “justifiable cause” as provided for an exception to punishment under the above Military Service Act, and punishment does not violate the freedom of conscience under Article 19 of the Constitution.

B. Along with Article 18 of the International Covenant on Civil and Political Rights to which Korea is a member, the right to be exempted from the application of the above provisions of the Military Service Act to those who refuse military service according to conscience.