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

Punishment of the crime

The defendant is a person in active duty service.

On September 19, 2014, the Defendant received a notice of enlistment in active duty service under the name of the director of the Chungcheong Military Manpower Office to enlist in the Army Training Center from the Defendant House located in Cheongju-si, Cheongju-si to November 3, 2014, by e-mail.

The Defendant did not enlist without justifiable grounds for conscientious objection until November 6, 2014, for which three days have passed from the date of enlistment.

Summary of Evidence

1. Partial statement of the defendant;

1. A written accusation and a written statement of accusation;

1. Notice of enlistment in active duty service;

1. Application of Acts and subordinate statutes to notification sent to the Commissioner of the Military Manpower Administration;

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

1. The gist of the assertion is that the Defendant, who is a new witness of Jehovahovahovah’s Republic, raises conscientious objection in accordance with the religious doctrine.

The right to conscientious objection is the right guaranteed by the International Covenant on Civil and Political Rights and the Constitution of Korea.

Therefore, the Defendant’s refusal of enlistment in active service according to religious conscience constitutes “justifiable cause” under Article 88(1) of the Military Service Act.

2. The “justifiable cause” under Article 88(1) of the Military Service Act is, in principle, premised on the existence of abstract military service and the acknowledgement of the performance of the duty itself. However, the reason that justify the non-performance of the duty of military service specified by the decision of the Commissioner of the Military Manpower Administration, such as illness, should be deemed to be limited to a cause not attributable to the non-performance of

However, in a case where a person who refused to perform the specific duty of military service is guaranteed by the Constitution of the Republic of Korea, and further, the right has superior constitutional value to the function of the legislative purpose of the above provision, it is reasonable to see that there exists a justifiable reason to refuse to perform the duty of military service.

However, the fundamental rights under the Constitution are fundamental rights.