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

Punishment of the crime

On October 27, 2016, the Defendant, at his own house located in Macheon-si B apartment C, did not enlist until the 24th of the same month on the religious ground that D religious organization was a religious organization, even when he received a notice of enlistment in active duty service under the name of the head of the Military Affairs Administration of Gwangju and Southern-si.

Accordingly, the defendant did not enlist within three days from the date of enlistment without justifiable grounds even though he received a written notice of enlistment in active service.

Summary of Evidence

1. Partial statement of the defendant;

1. A written accusation of E;

1. Application of the statutes governing the progress of delivery;

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

1. That the defendant's refusal of military service is an inherent right in the freedom of conscience and religion as provided by the Constitution, and there exists any justifiable reason prescribed by the Military Service Act, and there is no intention to evade military service.

2. The duty of military service is ultimately to ensure the dignity and value of all citizens as human beings.

Therefore, the State’s criminal punishment against so-called conscientious objectors in accordance with the reasonable legislative discretion cannot be deemed as unjust infringement of the freedom of conscience against Article 19 of the Constitution, or contrary to Article 18 of the International Covenant on Civil and Political Rights.

Furthermore, in cases where it is evident that the degree of infringement of the freedom of conscience and the proportionality between punishment cannot be recognized due to changes in the future conditions, it cannot be concluded that there is no room for excluding the application of Article 88(1) of the Military Service Act by deeming the same as the “justifiable cause” under Article 88(1) of the same Act through interpretation consistent with the treaty or through the application of the law of conscience friendly. However, currently, the international rules on civil and political rights (international Covant and Human Rights Rightss, which came into force on July 10, 1990) on the ground that there is no alternative service system.