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.

On October 12, 2017, the Defendant issued a notice of enlistment in active duty service under the name of the Administrator of the Gyeong-si Military Affairs Administration, to enlistment as the Army Training Center located in the Yellow City, Sinwon-si, Suwon-si, the Defendant’s residence, and from December 4, 2017, the Defendant issued a notice of enlistment in active duty service under the name of the Administrator of the Gyeong-si Military Affairs Administration.

Nevertheless, the defendant did not enlist in the military without justifiable grounds until December 7, 2017 after three days from the date of enlistment.

Summary of Evidence

1. Partial statement of the defendant;

1. A written accusation;

1. Application of Acts and subordinate statutes to the list of enlistment not enlisted in active duty service, and notification sent to the Military Manpower Administration;

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

1. The gist of the assertion is that the right to refuse military service is inherent in the freedom of conscience and religion as stipulated under Article 18 of the International Covenant on Civil and Political Rights and Articles 19 and 20 of the Constitution. As such, the refusal of military service based on the Defendant’s religious conscience constitutes “justifiable cause” under Article 88(1) of the Military Service Act, and the Defendant is aware that the refusal of military service based on religious conscience constitutes “justifiable cause” under Article 88(1) of the Military Service Act and is willing to perform alternative military service, so the Defendant has no intention to evade enlistment.

2. The duty of military service is to ultimately ensure the dignity and value of all citizens as human beings.

Therefore, the State’s criminal punishment against so-called conscientious objectors in accordance with reasonable legislative discretion cannot be deemed as going against Articles 10, 19, and 37(2) of the Constitution, which unfairly infringes on the freedom of conscience, or violates Article 6(1) of the Constitution and Article 18 of the International Covenant on Civil and Political Rights.

Such refusal of military service does not constitute “justifiable cause” under Article 88(1) of the Military Service Act (Supreme Court Decision 2004.