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 of enlistment in active duty service or of a call-up shall refuse to enlist in the military or respond to a call-up within three days from the date of entering the military register or call-up without justifiable grounds.

Nevertheless, the defendant, who is subject to enlistment in active service, is located in the residence of the defendant who is located in Asan City B building C around May 16, 2017, and is in the same year.

6. Even though he received a written notice of enlistment in the active duty service under the name of the head of the Daejeon District Military Affairs Administration, to enlistment in the Army as a training center by up to September, 19, he did not enlist within three days without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes concerning filing of an accusation, notice of enlistment in active duty service, list of copies, and postal delivery status;

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

1. The Defendant’s refusal to enlist in the military constitutes conscientious objection, and such conscientious objection constitutes “justifiable cause for refusing enlistment” as prescribed by the Military Service Act.

2. Determination

A. Inasmuch as the exercise of fundamental rights under the Constitution should be carried out within the scope that enables a common life with others within a community and does not endanger other constitutional values and the legal order of the State, the exercise of all fundamental rights, including the freedom of conscience, is a fundamental limitation to the exercise of all fundamental rights. Thus, in a case where there exists a constitutional legal interest to justify the restriction, the freedom of conscience realization is a relative freedom that can be restricted by law pursuant to Article 37(2) of the Constitution.

However, Article 88(1) of the Military Service Act, which is a legal provision of the instant case, was prepared to specify the duty of national defense of the most fundamental citizen, and if the State’s security is not guaranteed because such duty of military service is not fulfilled properly, it is difficult to guarantee the dignity and value of the people as human beings.

Therefore, military service is ultimately a citizen.