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

Punishment of the crime

The defendant is a religious organization's believers who is subject to active duty enlistment.

On May 2, 2013, the Defendant: (a) at the office of the Defendant located in Sinsi C, 1207 Dong 101; and (b) on June 18, 2013, at the office of the Government of the Gyeonggi-do, at the 306 Supplementary Zone located in Sin Dong-dong on June 18, 2013, the Defendant was not enlisted without justifiable grounds by the date of enlistment from June 18, 2013 to the date of the enlistment.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes to a charge, a written accusation, or a copy of enlistment notice in active duty service;

1. Determination as to the defendant's assertion under Article 88 (1) 1 of the relevant Act on criminal facts

1. The gist of the assertion is that the Defendant, as a believers of “B religious organization”, did not enlist in the military according to religious belief or conscience, and there is a justifiable reason to refuse enlistment.

2. Article 88(1) of the Military Service Act was prepared to specify the duty of national defense of the most fundamental citizen, and it is clear that the dignity and value as human beings cannot be guaranteed if the duty of military service is not fulfilled properly and the national security is not ensured.

Therefore, the duty of military service ultimately aims to ensure the dignity and value of all citizens as human beings, and thus, the freedom of conscience of defendants is restricted in accordance with Article 37(2) of the Constitution for such constitutional legal interests.

This is a legitimate restriction permitted under the Constitution.

Furthermore, in order to secure the performance of military service, a broad legislative discretion has been reserved in regard to whether punishment is imposed on a person who refuses enlistment in active service, and whether to recognize alternative military service. As such, there is only a provision that imposes punishment on a person who refuses enlistment in active service on the ground of conscience and religious freedom without any special exception that can substitute enlistment in active service.