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

Punishment of the crime

The Defendant, as a person subject to enlistment in active duty service on October 21, 2016, failed to enlist even though three days from the date of enlistment, to the effect that he received a notice of enlistment in active duty service under the name of the head of the Military Affairs Administration of the Seoul Regional District Office, from the Defendant’s mother, to the Army Training Center located in Gangdong-gu Seoul Metropolitan Government on November 28, 2016, in the Defendant’s residence located in Gangdong-gu Seoul Metropolitan Government.

Summary of Evidence

1. Partial statement of the defendant;

1. A written accusation;

1. A written accusation;

1. Notification of persons to be enlisted in active duty service, inquiry about postal delivery, and application of statutes on resident registration inspection;

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

1. The Defendant’s assertion that he refused enlistment according to one’s religious doctrine as a witness of Jehovah’s Republic of Korea, which constitutes “justifiable cause” as provided by Article 88(1) of the Military Service Act.

2. Article 88(1) of the Military Service Act that punishs the act of evading enlistment in the military service does not violate the Constitution (see, e.g., Constitutional Court Order 2002Hun-Ga1, Aug. 26, 2004; Constitutional Court Order 2008Hun-Ga2, Aug. 30, 201). Moreover, the so-called conscientious objection based on one’s conscience does not constitute “justifiable cause” as provided for by the exception of punishment under the foregoing Military Service Act, and punishing the same does not violate the freedom of conscience under Article 19 of the Constitution.

B. Article 18 of the International Covenant on Civil and Political Rights, in which a member of the Republic of Korea is a member of the Republic of Korea, does not derive the right to be exempted from the application of the above provisions of the Military Service Act, and even if the United Nations Commission on Freedom of Law proposed a recommendation, this does not have any legal binding force (see, e.g., Supreme Court Decisions 2004Do2965, Jul. 15, 2004; 2007Do8187, Nov. 29, 2007). Therefore, our Constitution and the Republic of Korea are concerned.