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

Punishment of the crime

The defendant is ‘B religious believers'.

The Defendant, as a person subject to enlistment in active duty service, was in the Defendant’s residence located in Dongdaemun-gu Seoul on July 21, 2015, and on August 31, 2015, received a written notice of enlistment in active duty service under the name of the head of the Seoul Regional Military Affairs Administration to enlistment in the Army Training Center on August 31, 2015, but failed to enlist within three days from the date of enlistment without justifiable grounds

Summary of Evidence

1. Statement by the defendant in court;

1. The application of statutes governing enlistment notice and inquiries about delivery;

1. As to the Defendant’s assertion on criminal facts under Article 88(1)1 of the pertinent Act, the Defendant refused enlistment based on his religious belief or conscience as a new religious organization B, which constitutes “justifiable cause” under Article 88(1) of the Military Service Act, and thus, the Defendant did not constitute a crime of violating the Military Service Act against the Defendant.

The argument is asserted.

On the other hand, 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 if the national security is not secured because the duty of military service is not fulfilled properly, it is not possible to guarantee the dignity and value of the people as human beings.

Therefore, the duty of military service ultimately aims to ensure the dignity and value of all citizens as human beings, so even if the freedom of conscience of a defendant is restricted in accordance with Article 37(2) of the Constitution, it is a legitimate restriction permitted under the Constitution.

B. In order to secure the fulfillment of the duty of military service, there is a wide range of legislative discretion on whether to impose punishment on the refusal of enlistment in active service, and whether to recognize the alternative service.

Therefore, a person who refuses enlistment in active service on the ground of conscience and religious freedom is only punished without any special exception that can substitute enlistment in active service.