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 witness, a witness, and a person subject to enlistment in active duty service.

On June 8, 2015, the Defendant was served with a written notice of enlistment in active duty service in the name of the director of the regional military manpower office in Gwangju-si, Gwangju-si, Gwangju-si, on July 28, 2015, the Defendant did not enlist without justifiable grounds until July 31, 2015, which is three days after the date of said enlistment.

Summary of Evidence

1. Defendant's legal statement;

1. A certificate of enlistment in active duty service and e-mail;

1. Application of Acts and subordinate statutes to a written accusation, a written accusation, and a written statement of enlistment challenge;

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

1. The defendant and his defense counsel asserted that "the defendant's refusal of enlistment in active duty service according to religious conscience belongs to the freedom of conscience guaranteed by the Constitution, and this does not constitute a crime because it constitutes a justifiable ground under Article 88(1) of the Military Service Act."

2. Article 88(1) of the Military Service Act punishing an act of evading enlistment in the army does not violate the Constitution.

(The Constitutional Court Order 2002Hun-Ga1 Decided August 26, 2004, and Constitutional Court Order 2008Hun-Ga22 Decided August 30, 201). In addition, the so-called conscientious objection pursuant to conscience does not constitute “justifiable cause” prescribed as an exception to punishment under the above provisions of the Military Service Act, and punishment is not contrary to the freedom of conscience under Article 19 of the Constitution.

Furthermore, Article 18 of the International Covenant on Civil and Political Rights to which Korea is a member of the Republic of Korea, the right of conscientious objectors to be exempted from the application of the above provisions of the Military Service Act is not derived, and the United Nations Commission on ICCPR proposed recommendations.

Even if this is not legally binding, it is not legally binding.

Supreme Court en banc Decision 2004Do2965 Decided July 15, 2004