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

Punishment of the crime

The defendant is a Jehovah’s Witness.

On November 6, 2014, at the defendant's house located in Daegu Suwon-gu C and 105 Dong 802, the defendant delivered a notice of enlistment in active duty service under the name of the director of the regional office of manpower administration in Daegu-gu North Korea-dong, Daegu-dong on December 16, 2012, and did not, without justifiable grounds, enlist until the 19th day of the same month in which three days have elapsed since the date of enlistment.

Summary of Evidence

1. Statement of the police suspect interrogation protocol against the accused;

1. Application of each Act or subordinate statute to describe a written accusation, a name card of a person evading military service, a written accusation, a written accusation, a notice of enlistment in active duty service, a mail inquiry, and a written notification to

1. Determination as to the assertion of the defendant and his defense counsel under Article 88(1)1 of the relevant Act on criminal facts

1. The gist of the assertion is that the Defendant’s refusal to enlist in the military constitutes conscientious objection, which is derived from the freedom of conscience under Article 18 of the ICCPR and Article 19 of the Constitution of the Republic of Korea. As such, there exists “justifiable cause for refusing enlistment” under the Military Service Act.

2. Determination

A. Inasmuch as the exercise of fundamental rights under the Constitution should be carried out within the scope that enables a common life with others within a community and does not endanger other constitutional values and the legal order of the State, the exercise of all fundamental rights, including the freedom of conscience, is a fundamental limitation to the exercise of all fundamental rights. Thus, in a case where a constitutional legal interest exists to justify the restriction, the freedom of conscience realization should be deemed as a relative freedom that can be restricted by law pursuant to Article 37(2)

However, Article 88(1) of the Military Service Act, which is a legal provision of this case, has been prepared to specify the duty of national defense of the most fundamental citizen, and if such duty of military service is not fulfilled properly and the national security is not performed, it is not possible to guarantee the dignity and value of the people as human beings.