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 June 17, 2013, the Defendant received a notice of enlistment in active duty service under the name of the director of the Incheon Gyeonggi-si Military Manpower Office to enlistment from his father B to the Army Training Center located in Seosan-si, Seosan-si on July 29, 2013.

Nevertheless, the defendant did not enlist in the military without justifiable grounds until August 1, 2013 after three days from the date of enlistment.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a written accusation;

1. The Defendant asserts that there exists “justifiable cause” as prescribed by Article 88(1) of the Military Service Act, since the Defendant’s assertion as to the Defendant’s assertion on criminal facts under Article 88(1)1 of the pertinent Act, as a witness of the Jehovah’s believers, refused enlistment according to his religious belief.

The refusal of military service by conscience, conscience, or religious belief cannot be deemed as a case where there exists the above “justifiable cause”, and it cannot be said that the right of conscientious objectors to military service pursuant to conscience is derived from the provision of Article 18 of the International Covenant on Civil and Political Rights to be exempt from the application of Article 88(1) of the Military Service Act.

(See Supreme Court en banc Decision 2004Do2965 Decided July 15, 2004, and Supreme Court Decision 2007Do8187 Decided November 29, 2007, etc.). Accordingly, the above assertion is rejected.