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

Punishment of the crime

On April 7, 2014, the Defendant confirmed the notice of enlistment in active duty service under the name of the director of the Daejeon regional military manpower office to enlist in the Army Training Center located in Seosan-si, Seosan-si by May 19, 2014, and did not enlist in the military without justifiable grounds until May 22, 2014, for which three days have passed from the date of enlistment.

Summary of Evidence

1. Statement to the effect that the defendant did not enlist even after being notified of enlistment in this court, as stated in its reasoning;

1. A statement prepared by the D, which is relevant to the statement;

1. Application of Acts and subordinate statutes to describe a copy of the enlistment notice in active duty service and a copy of the e-mail reception details of the enlistment notice;

1. Determination as to the Defendant’s assertion of criminal facts under Article 88(1)1 of the relevant Act

1. The gist of the assertion is that the Defendant, who is a witness with Jehovahovah’s belief and refuses to enlist in the army according to one’s conscience. As such, there is “justifiable cause” under the main sentence of Article 88(1) of the Military Service Act.

2. As to the so-called “ conscientious objection according to conscience” as indicated in its holding, the Constitutional Court decided that Article 88(1) of the Military Service Act, which is a provision punishing the act of evading enlistment, does not violate the Constitution (see Constitutional Court Order 2008Hun-Ga22, Aug. 30, 201). The Supreme Court does not constitute “justifiable cause” as provided for the exception of punishment under the above provision. The Supreme Court does not derive the right to exempt conscientious objectors from the application of the above provision even from the provision of Article 18 of the International Covenant on Civil and Political Rights to which Korea is a member of the Republic of Korea, and presented a recommendation by the United Nations Commission on Freedom of Civil and Political Rights.

Even if this does not have any legal binding force, it has been decided that it does not have any legal binding force.

Supreme Court en banc Decision 2004Do2965 Decided July 15, 2004 and Supreme Court Decision 2004Do295 Decided November 1, 2007