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

Punishment of the crime

The defendant is a new taxpayer B and is a person subject to enlistment in active duty service.

On July 11, 2012, the Defendant did not, without good cause, enlist at the Defendant’s house located in Goyang-si, and on August 21, 2012, to 306 supplementary units located in Goyang-si, Goyang-si, the Government of the Republic of Korea until August 21, 2012, upon receipt of a notice of enlistment in active duty service under the name of the head of the Gyeonggi Northern District Military Manpower Branch Office.

Summary of Evidence

1. A legal statement made in part appropriate to the defendant's statements;

1. A written accusation against a violator of the Military Service Act;

1. Notice of enlistment in active duty service;

1. Letters of registered mail;

1. Application of Acts and subordinate statutes confirming facts

1. The Defendant asserts that the Defendant’s assertion regarding criminal facts under Article 88(1)1 of the relevant Act of the Military Service Act is justifiable inasmuch as he/she refuses military service according to a religious conscience guaranteed by each of the above laws and regulations, based on the International Covenant on Human Rights, the Constitution, etc. of the Republic of Korea, in which the Republic of Korea is a party, and thus, refuses military service

However, "justifiable cause" under Article 88 (1) of the Military Service Act, which is a punishment provision for refusal of enlistment, is, in principle, premised on the existence of abstract military service and the acknowledgement of its performance. However, it shall be deemed that there is a reason why the non-performance of the military service specified by the decision of the Commissioner of the Military Manpower Administration, etc. can justify the non-performance of the military service, i.e., a disease, etc., that is, a cause not attributable to the non-performance of the duty of military service. On the other hand, the right of the non-performance of the specific military service is guaranteed by the Constitution of Korea, and even if the right is recognized as having superior constitutional value to the legislative purpose of the above legal provision, if punishment is imposed by the application of Article 88 (1) of the Military Service Act, it would result in undue infringement of his constitutional right