Defendant shall be punished by imprisonment for a term of one year and six months.

Punishment of the crime

The defendant is a man and a witness who is subject to enlistment in active service.

On April 11, 2014, the Defendant received a notice of enlistment in the name of the head of the Gyeonggi-gu Military Manpower Branch Office in the Gyeonggi-do, the Defendant’s residence, from the Gyeonggi-do, C301 Dong 709, and on May 19, 2014, to the Army Training Center in the Republic of Korea on May 19, 201, but failed to enlist without justifiable grounds by not later than three days after

Summary of Evidence

1. Partial statement of the defendant;

1. Notification of enlistment in active service, application of Acts and subordinate statutes of postal investigation;

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

1. The alleged Defendant refused to enlist in active duty service according to religious conscience as a witness with a female and a female witness.

Since such conscientious objection is guaranteed by the freedom of deliberation on religious support under the Constitution, there is “justifiable cause” under Article 88(1) of the Military Service Act that the defendant refuses to enlist.

2. Determination

A. “Justifiable cause” under Article 88(1) of the Military Service Act is, in principle, based on the existence of an abstract duty of military service and the recognition of the performance of the duty itself, and the reason that can justify the nonperformance of the duty specified, i.e., a cause not attributable to the non-performance of the duty, such as a disease, should

However, even in cases where a person who has refused to perform a specific duty is guaranteed by the Constitution of Korea and furthermore, has superior constitutional value to the function of the legislative purpose of the above provision, if punishment is imposed by applying the above provision, it would result in an undue infringement on his/her constitutional rights. Therefore, it is reasonable to deem that there exists “justifiable cause” to refuse to perform the duty, in order to exclude such unconstitutional situation.

B. Meanwhile, the freedom of religious conscience is passive inaction.