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

Punishment of the crime

The defendant is a member of the religious organization that beliefs a religion.

around October 8, 2012, the Defendant, at the Defendant’s office located in Jung-gu Seoul, Jung-gu, 8 Dong 301 (D apartment) (D apartment), failed to enlist in the military by the date on which three days elapsed from the date of enlistment without justifiable grounds, despite having received a notice of enlistment in the name of the director general of the Seoul Regional Military Manpower Office in order to “be enlisted in the active service in the 102 supplementary military unit located in the 102 military unit located in the Seocheon-gu, Gangwon-

Summary of Evidence

1. Defendant's legal statement;

1. Notification of enlistment in active duty service (full time reserve service), and confirmation of fact during the Seoul New Time Company B;

1. Application of the Acts and subordinate statutes on the written accusation;

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

1. The Defendant’s act of asserting that the Defendant was committed as part of the exercise of the right to conscience under Article 18 of the Covenant and Article 19 of the Constitution. As such, the Defendant’s act of refusing enlistment constitutes “justifiable cause” under Article 88(1) of the Military Service Act, and thus, is not guilty.

2. International norms and the Constitution of the Republic of Korea, such as the ICCPR, shall guarantee the freedom of conscience.

However, considering the fact that the freedom of conscience is subject to certain restrictions pursuant to Article 37(2) of the Constitution, that if the duty of national defense, including the duty of responding to enlistment, is not performed properly, it is difficult to guarantee the dignity and value of all citizens as human beings, and that “alternative service-related legislation, which is the legislative discretion,” which is the territory of legislative discretion, is not performed, it is difficult to view that the grounds alleged by the defendant as a matter of interpretation of the current law constituted “justifiable cause”

In consideration of the fact that the defendant's reason for sentencing led to the crime of this case according to his religious belief or conscience, it is reasonable to sentence the defendant to the minimum punishment (one year and six months of imprisonment) meeting the requirements for exemption from military service under the Enforcement Decree of the Military Service Act.

It is so decided as per Disposition for the same reasons above.