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

Punishment of the crime

The Defendant is a person in active duty service.

Although the Defendant received a written enlistment notice under the name of the director of the Seoul Military Manpower Office to enlist in the military around October 31, 2014 from the Defendant’s house B 602, to December 9, 2014, the Defendant failed to enlist within three days from the date of the above enlistment without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Application of Acts and subordinate statutes concerning the enlistment notice;

1. The Defendant’s assertion on the Defendant’s assertion as to criminal facts under Article 88(1)1 of the pertinent Act on the Military Service Act argues that the conscientious objectors are conscientious objectors in accordance with their religious doctrine and thus, constitutes “justifiable cause” under Article 88(1) of the Military Service Act. However, the duty of military service is ultimately to ensure the dignity and value of all citizens as human beings. As such, the duty of military service is to ultimately ensure that the freedom of conscience is superior value without any restriction, and thus, the State’s criminal punishment of so-called conscientious objectors in accordance with a reasonable legislative discretion is unreasonably infringing on the freedom of conscience contrary to Articles 10, 19, and 37(2) of the Constitution.

Article 6(1) of the Constitution or Article 18 of the International Covenant on Civil and Political Rights cannot be deemed as contrary to the “justifiable cause” under Article 88(1) of the Military Service Act (see, e.g., Supreme Court Decision 2014Do5502, Jul. 10, 2014; Supreme Court en banc Decision 2004Do2965, Jul. 15, 2004). The reason for sentencing is that the Defendant refuses enlistment in accordance with a religious faith, and it is difficult to expect that the Defendant will actually fulfill his duty of military service in the future.

In this situation, if the defendant is sentenced to a sentence of imprisonment of less than one year and six months or to a suspended sentence of imprisonment, the defendant will also be notified of enlistment.