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

Punishment of the crime

The Defendant, as a believers of a religious organization B, failed to enlist in the military on July 12, 2013 at the expiration of three days from the date of enlistment without justifiable grounds, even though he received a notice of enlistment in the name of the director general of the Incheon Gyeonggi Military Manpower Administration, to be enlisted in the military service on August 20, 2013 at the office of the member C building of Ansan-si and the defendant's office of the Dong 103 (Dra-3), Dong 103 (Dra-3), which was located on August 20, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation and a written accusation;

1. Application of Acts and subordinate statutes governing military register inquiry;

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 refusing enlistment in active service, and whether to recognize alternative military service. As such, even if a person refusing enlistment in active service on the grounds of conscience and religious freedom has a provision imposing punishment without any special exception instead of alternative enlistment in active service, the principle of excessive prohibition or proportion should be applied.