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

Punishment of the crime

No person who has received a written notice for enlistment in active service shall enlist in the military without justifiable grounds.

Nevertheless, the Defendant, at around 11:00 on November 14, 2013, issued a notice of enlistment in active duty service under the name of the director of the Chungcheong Military Manpower Office, to enlistment in the 306 supplementary units located in the 306 additional units located in the 45-1, Dong-si, Dong-si, Dong-si, Dong-si, the government from around 11:00, to December 24, 2013, and failed to enlist without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes to enlistment notices in active duty service, parcel-post delivery inquiries, the Military Manpower Administration, and military register inquiry;

1. As to the Defendant’s assertion on criminal facts under Article 88(1)1 of the pertinent Act, the Defendant asserts that punishing a conscientious objector based on conscience as a crime of evading enlistment under Article 88(1) of the Military Service Act is contrary to Article 18 of the International Covenant on Civil and Political Rights (hereinafter “Rules”) and infringes on the freedom of conscience under Article 19 of the Constitution. As such, conscientious objection based on a religious conscience constitutes “justifiable cause” under Article 88(1) of the Military Service Act and thus, cannot be punishable.

“Justifiable reason” under Article 88(1) of the Military Service Act is, in principle, premised on the existence of abstract military service and the confirmation of the performance of such service. However, it should be deemed that there is a reason that can justify the nonperformance of the duty of military service specified by the decision of the Commissioner of the Military Manpower Administration, such as illness, or a reason that is not attributable to the person who failed to perform the duty of military service. However, even in a case where a person who refused the performance of specific duty of military service is guaranteed by the Constitution of Korea, and the right is recognized as having superior constitutional value to the function of the legislative purpose of the above legal provision, Article 88(1)