Defendant shall be punished by imprisonment for a term of one year and six months.

Punishment of the crime

The Defendant is “C”.

On October 12, 2012, the Defendant received a written notice of enlistment in active duty service under the name of the director of the Seoul regional military manpower office and immediately notified the Defendant on November 13, 2012 at the office of the Defendant, Seongbuk-gu Seoul, Seoul, 101 Dong 1106, and the Defendant’s mother received the written notice of enlistment in the military service under the name of the director of the Seoul regional military manpower office, but did not enlist until November 17, 2012 after three days from the date of enlistment.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Written accusation (Seoul director general of the regional military manpower office);

1. Application of domestic Acts and subordinate statutes of registration inquiry;

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

1. The Defendant asserts to the effect that the Defendant’s act of refusing enlistment according to his religious conscience is a right to guarantee the freedom of conscience under Article 18 of the ICCPR and Article 19 of the Constitution. The Defendant’s act constitutes justifiable cause under Article 88(1) of the Military Service Act, and thus, the Defendant is acquitted.

2. In this regard, Article 88(1) of the Military Service Act was prepared to embody the duty of national defense of the most fundamental citizen. If the national security is not ensured because the duty of military service is not fulfilled properly, the dignity and value as human beings cannot be guaranteed.

Therefore, military service is ultimately aimed at ensuring the dignity and value of all citizens as human beings, and the defendant's freedom of conscience is more superior to the above constitutional legal interests.

As a result, for the above constitutional legal interests, the freedom of conscience of the defendant is restricted pursuant to Article 37(2) of the Constitution.

This is a legitimate restriction permitted under the Constitution.

(see, e.g., Supreme Court en banc Decision 2004Do2965, Jul. 15, 2004). Even if the Defendant’s act is based on a religious conscience, it constitutes “justifiable cause” under Article 88(1) of the Military Service Act.